Legal Opinion
United States v. Jerry Schneiderman, Jerry Ranallo, Larry Butler and Insertion Advertising Corp.
Court of Appeals for the Second Circuit
Decided July 9, 1992No. 1109, Docket 91-1695PublishedCited by 38 opinions
1Opinion of the Court
LUMBARD, Circuit Judge:
The government appeals from an order of the District Court for the Southern District of New York, Robert W. Sweet, Judge, which dismissed a fourteen-count indictment charging violations of the Mail Order Drug Paraphernalia Control Act, 21 U.S.C. § 857, 1 based on a determination that the statute is unconstitutionally vague. Because we conclude that § 857 includes a scienter requirement, it is not unconstitutional, either on its face or as applied to defendants. Accordingly, the order of dismissal is reversed and the case is remanded.
On August 22, 1990, the government…
2Cases cited15 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
- Morissette v. United StatesSupreme Court of the United States · 1952
- Smith v. GoguenSupreme Court of the United States · 1974
10 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Christopher J. Farrell v. Corey Burke and Gregory Freeman, Docket No. 05-0169 CvCourt of Appeals for the Second Circuit · 2006
- Posters 'N' Things, Ltd. v. United StatesSupreme Court of the United States · 1994
- Botosan v. Paul McNally RealtyCourt of Appeals for the Ninth Circuit · 2000
- United States v. Jerome Strauss and Adam StraussCourt of Appeals for the Second Circuit · 1993
- Gary Thibodeau v. Leonard PortuondoCourt of Appeals for the Second Circuit · 2007
33 more not listed; retrieve them via the Exa API.