Legal Opinion
United States v. Charles R. McLemore
Court of Appeals for the Eleventh Circuit
Decided August 17, 1994No. 93-6317PublishedCited by 46 opinions
1Opinion of the Court
BIRCH, Circuit Judge:
The United States challenges the district court’s grant of the motion to arrest judgment of appellee Charles McLemore. Applying the rule of lenity, the district court granted McLemore’s motion, holding that the statute under which McLemore was charged is ambiguous as to whether it applies to MeLe-more’s conduct. The government argues that the statute was not ambiguous and, therefore, the rule of lenity is inapplicable and McLemore’s conviction should stand. Because we find that the statute is ambiguous as it pertains to McLemore’s conduct, we affirm the district court’s…
2Cases cited7 opinions
- United States v. BassSupreme Court of the United States · 1971
- Smith v. United StatesSupreme Court of the United States · 1993
- Aaron v. Securities & Exchange CommissionSupreme Court of the United States · 1980
- Moskal v. United StatesSupreme Court of the United States · 1990
- Bifulco v. United StatesSupreme Court of the United States · 1980
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3Cited by46 opinions
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