Legal Opinion
United States v. Emerson
Court of Appeals for the First Circuit
Decided February 27, 1997No. 96-1627PublishedCited by 28 opinions
1Opinion of the Court
COFFIN, Senior Circuit Judge.
Appellant Aan D. Emerson has been ordered to pay a civil penalty of $185,000 for numerous violations of federal aviation law. 1 He claims that the assessment violates both the Excessive Fines Clause of the Eighth Amendment and the Double Jeopardy Clause of the Fifth Amendment. We find no constitutional error, and therefore affirm.
I. Factual and Procedural Background
On February 15,1994, the administrator of the Federal Aviation Administration (FAA) issued an emergency order revoking Emerson’s commercial pilot certificate. The action was based on allegations that…
2Cases cited11 opinions
- Harmelin v. MichiganSupreme Court of the United States · 1991
- Austin v. United StatesSupreme Court of the United States · 1993
- Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.Supreme Court of the United States · 1989
- Cheffer v. RenoCourt of Appeals for the Eleventh Circuit · 1995
- Sheldon E. Pangburn v. Civil Aeronautics BoardCourt of Appeals for the First Circuit · 1962
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- United States v. Peter MacKbyCourt of Appeals for the Ninth Circuit · 2003
- Michele Yates v. Pinellas Hematology & Oncology, P.A.Court of Appeals for the Eleventh Circuit · 2021
- Ghaith R. Pharaon v. Board of Governors of the Federal Reserve SystemCourt of Appeals for the D.C. Circuit · 1998
- United States Ex Rel. Tyson v. Amerigroup Illinois, Inc.District Court, N.D. Illinois · 2007
- United States v. James LippertCourt of Appeals for the Eighth Circuit · 1998
23 more not listed; retrieve them via the Exa API.