Legal Opinion

United States v. Nicholas J. Cicco Vincent Tabbachino

Court of Appeals for the Third Circuit

Decided July 12, 1991No. 90-5947PublishedCited by 36 opinions

1Opinion of the Court

OPINION OF THE COURT

STAPLETON, Circuit Judge:

I

The United States appeals from an order acquitting the defendants on two counts of a multicount indictment after a jury had returned guilty verdicts as to those counts. The district court ruled that, as applied to the indictment before it, 18 U.S.C. § 666 was ambiguous. It applied the rule of lenity and concluded that defendants’ conduct was outside the ambit of the statute. Alternatively, the court ruled that the government’s interpretation of § 666 was unconstitutionally vague. We have jurisdiction over the government’s appeal from the district…

2Cases cited6 opinions

  1. Berman v. United StatesSupreme Court of the United States · 1937
  2. Dowling v. United StatesSupreme Court of the United States · 1985
  3. United States v. Nathaniel Coleman, A/K/A "Boo Tee Coleman", Anthony Del Bono, A/K/A "Nonnie Del Bono"Court of Appeals for the Third Circuit · 1987
  4. United States v. William Del Toro and William KaufmanCourt of Appeals for the Second Circuit · 1975
  5. Chrysler Credit Corporation v. First National Bank And Trust Company Of WashingtonCourt of Appeals for the First Circuit · 1984

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

3Cited by36 opinions

  1. United States v. NewellCourt of Appeals for the First Circuit · 2011
  2. United States v. Daniel M. Paradies, the Paradies Shops, Inc., Paradies Midfield Corporation, Ira JacksonCourt of Appeals for the Eleventh Circuit · 1996
  3. United States v. James Ned GrubbCourt of Appeals for the Fourth Circuit · 1993
  4. United States v. Brigido Marmolejo, Jr. And Mario SalinasCourt of Appeals for the Fifth Circuit · 1996
  5. United States v. John Vitillo, Vitillo Corporation and Vitillo Engineering, Inc.Court of Appeals for the Third Circuit · 2007

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

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