Legal Opinion

United States v. Francis X. Vitale

Court of Appeals for the Third Circuit

Decided November 6, 1998No. 98-5072PublishedCited by 38 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Circuit Judge.

In this case the principal issue we must decide is whether the offenses of wire fraud and tax evasion should be grouped together for sentencing purposes when the government stipulated that the conduct underlying the wire fraud charge was embezzlement. Appellant also raises an issue of his alleged entitlement to a downward departure for diminished mental capacity.

*812I.

On September 30, 1997, Francis X. Vitale entered a guilty plea to one count of wire fraud and one count of tax evasion pursuant to a plea agreement. He was charged in the wire fraud charge…

2Cases cited11 opinions

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. United States v. Anthony M. Miele John Jay McElfresh Charles J. Walters Patrick T. Reinstadtler James F. Foster, Anthony M. MieleCourt of Appeals for the Third Circuit · 1993
  3. United States v. Arthur LiebermanCourt of Appeals for the Third Circuit · 1992
  4. United States v. Jose Casiano, A/K/A Jose Rivera Jose Casiano, United States of America v. Alfredo DejesusCourt of Appeals for the Third Circuit · 1997
  5. United States v. SeligsohnCourt of Appeals for the Third Circuit · 1992

6 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Barrett N. Weinberger v. United StatesCourt of Appeals for the Sixth Circuit · 2001
  2. United States v. William H. ThayerCourt of Appeals for the Third Circuit · 1999
  3. United States v. Sean Hart, Neil White, Joseph Orlando, Lawrence WeilCourt of Appeals for the Third Circuit · 2001
  4. United States v. MartinCourt of Appeals for the First Circuit · 2004
  5. United States v. Michael SadolskyCourt of Appeals for the Sixth Circuit · 2000

33 more not listed; retrieve them via the Exa API.

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