Legal Opinion

United States v. Jasper J. Mirabile

Court of Appeals for the Eighth Circuit

Decided November 7, 1974No. 74-1367PublishedCited by 30 opinions

1Opinion of the Court

STEPHENSON, Circuit Judge.

The primary focus of this appeal is the federal mail fraud statute, 18 U.S.C. § 1341 (1970). Issues have been raised regarding the scope of that statute and its applicability in the context of a state misdemeanor violation, namely, fraudulent misrepresentation of gross sales on sales/use tax returns. In addition, this appeal challenges the trial court’s denial of a motion to dismiss on the basis of selective and discriminatory prosecution. We affirm.

Appellant Mirabile, owner and operator of a Kansas City, Missouri restaurant, was indicted by a federal grand jury in…

2Cases cited21 opinions

  1. Sorrells v. United StatesSupreme Court of the United States · 1932
  2. Pereira v. United StatesSupreme Court of the United States · 1954
  3. National Railroad Passenger Corporation v. National Assn. of Railroad PassengersSupreme Court of the United States · 1974
  4. United States v. MazeSupreme Court of the United States · 1974
  5. Kann v. United StatesSupreme Court of the United States · 1944

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

3Cited by30 opinions

  1. United States v. MandelCourt of Appeals for the Fourth Circuit · 1979
  2. United States v. James T. McNeiveCourt of Appeals for the Eighth Circuit · 1976
  3. Illinois Department of Revenue v. William PhillipsCourt of Appeals for the Seventh Circuit · 1985
  4. United States v. Forriss D. ElliottCourt of Appeals for the Eighth Circuit · 1996
  5. United States v. Frank Mangan and Kevin ManganCourt of Appeals for the Second Circuit · 1978

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

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