Legal Opinion

United States v. Alfred Monostra, III

Court of Appeals for the Third Circuit

Decided September 25, 1997No. 96-2050PublishedCited by 45 opinions

1Opinion of the Court

OPINION OF THE COURT

NYGAARD, Circuit Judge:

Alfred Monostra, III, appeals his conviction on one count of bank fraud, arguing that he was indicted under the wrong subsection of 18 U.S.C. § 1344. Because we find that indictment under subsection (1) of the statute was not erroneous, we will affirm the conviction.

Monostra also challenges the addition of two points to the calculation of his sentence under U.S.S.G. § 3A1.1, because the president of the company he victimized was visually impaired. We agree that the district court erred by imposing the “vulnerable victim” enhancement, for the reason…

2Cases cited19 opinions

  1. McNally v. United StatesSupreme Court of the United States · 1987
  2. Durland v. United StatesSupreme Court of the United States · 1896
  3. Hammerschmidt v. United StatesSupreme Court of the United States · 1924
  4. United States v. Goldblatt, Lynn DavidCourt of Appeals for the Third Circuit · 1987
  5. United States v. SeligsohnCourt of Appeals for the Third Circuit · 1992

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3Cited by45 opinions

  1. United States v. Glennis L. Bolden, United States of America v. Clifford E. BoldenCourt of Appeals for the Fourth Circuit · 2003
  2. United States v. Nicholas Panarella, Jr.Court of Appeals for the Third Circuit · 2002
  3. United States v. Paul J. Leahy United States of America v. Timothy Smith United States of America v. Dantone, Inc.Court of Appeals for the Third Circuit · 2006
  4. United States v. John Michael IannoneCourt of Appeals for the Third Circuit · 1999
  5. United States v. Ignazio Antonino Mannino, A/K/A Nino (d.c. No. 89-Cr-00003-2) United States of America v. Emanuele Salvatore Mannino, A/K/A Sal (d.c. No. 89-Cr-00003-4) Ignazio Antonino Mannino and Emanuele Salvatore ManninoCourt of Appeals for the Third Circuit · 2000

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