Legal Opinion

United States v. Nelson Italiano

Court of Appeals for the Eleventh Circuit

Decided February 22, 1988No. 87-3201PublishedCited by 27 opinions

1Opinion of the Court

HATCHETT, Circuit Judge:

In this criminal appeal, we are called upon to determine whether the Supreme Court’s recent interpretation of the federal mail fraud statute in McNally v. United States, 483 U.S. -, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987) is applicable in a slightly different factual scenario. Holding that McNally applies, we vacate the conviction and judgment.

FACTS

Appellant, Nelson A. Italiano worked for Coaxial Communications of the Suncoast, Inc. (Coaxial Communications), a corporation formed for the purpose of obtaining a cable television franchise contract with the city of Tampa,…

2Cases cited28 opinions

  1. Russell v. United StatesSupreme Court of the United States · 1962
  2. Pereira v. United StatesSupreme Court of the United States · 1954
  3. McNally v. United StatesSupreme Court of the United States · 1987
  4. United States v. CruikshankSupreme Court of the United States · 1876
  5. Ex Parte BainSupreme Court of the United States · 1887

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3Cited by27 opinions

  1. Kurtis B. Borre v. United StatesCourt of Appeals for the Seventh Circuit · 1991
  2. United States v. Edward J. ElkinsCourt of Appeals for the Eleventh Circuit · 1989
  3. United States v. Dynalectric Company Paxson Electric Company G.W. Walther Ewalt Wesley C. Paxson, Sr.Court of Appeals for the Eleventh Circuit · 1988
  4. United States v. BrannanCourt of Appeals for the Eleventh Circuit · 2009
  5. United States v. Carlos Marcello, United States of America v. Charles E. Roemer, IICourt of Appeals for the Fifth Circuit · 1989

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