Legal Opinion

United States v. Rizzo

District Court, D. Delaware

Decided May 28, 1970No. Crim. A. No. 1993PublishedCited by 6 opinions

1Opinion of the Court

LAYTON, District Judge.

This opinion is to dispose of the three remaining grounds raised in the defendant’s motion for acquittal under Rule 29(c).1 These are:(1) The government failed to establish that the 1099 Form contained false information;(2) The government failed to prove that the defendant procured the filing of a false 1099 Form;(3) The government failed to establish willfulness on the part of the defendant.

On a motion for acquittal, the trial judge must “determine whether upon the evidence, giving full play to the right of the jury to determine credibility, weigh the evidence, and…

2Cases cited8 opinions

  1. American Surety Co. v. SullivanCourt of Appeals for the Second Circuit · 1925
  2. United States v. CarterCourt of Appeals for the Sixth Circuit · 1963
  3. United States v. Frank Palermo, Also Known as Frank 'Blinky' PalermoCourt of Appeals for the Third Circuit · 1958
  4. Luther M. Powell v. United StatesCourt of Appeals for the D.C. Circuit · 1969
  5. United States v. Stanley Haimowitz and Murray LichtmanCourt of Appeals for the Second Circuit · 1968

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

3Cited by6 opinions

  1. United States v. Anthony Monteiro, A/K/A ToyCourt of Appeals for the First Circuit · 1989
  2. United States v. Joseph A. RizzoCourt of Appeals for the Third Circuit · 1971
  3. United States v. Paul J. DumaineCourt of Appeals for the First Circuit · 1974
  4. United States v. Florent La HayeCourt of Appeals for the Third Circuit · 1977
  5. United States v. SalernoDistrict Court, M.D. Pennsylvania · 1971

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

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