Legal Opinion

United States v. Thevis

District Court, N.D. Georgia

Decided August 7, 1979No. Crim. A. Cr. 78-180APublishedCited by 38 opinions

1Opinion of the Court

ORDER

HAROLD L. MURPHY, District Judge.

Defendant Michael G. Thevis has moved to dismiss Counts I and II of the indictment. All defendants have adopted his motion. In support of the motion, the defendant advances four arguments: (1) the counts must be dismissed for failure to state a claim; (2) the counts are based on a statute which is unconstitutional both facially and as applied; (3) paragraphs six and seven which seek forfeiture must be dismissed as an unconstitutional application of 18 U.S.C. § 1963; and (4) the forfeiture provisions of 18 U.S.C. § 1963 are unconstitutional. The Court will…

2Cases cited29 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  4. United States v. BassSupreme Court of the United States · 1971
  5. Bell v. United StatesSupreme Court of the United States · 1955

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

3Cited by38 opinions

  1. Russello v. United StatesSupreme Court of the United States · 1983
  2. United States v. Michael G. Thevis, Alton Bart Hood, Global Industries, Inc., Anna Jeanette EvansCourt of Appeals for the Fifth Circuit · 1982
  3. United States v. Rex C. Cauble, Individually and Doing Business as Cauble EnterprisesCourt of Appeals for the Fifth Circuit · 1983
  4. United States v. John GrammatikosCourt of Appeals for the Second Circuit · 1980
  5. United States v. Leslie Anderson and Leonard MooneyCourt of Appeals for the Eighth Circuit · 1980

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

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