Legal Opinion
United States v. James E. Schnell
Court of Appeals for the Seventh Circuit
Decided December 21, 1992No. 92-1847PublishedCited by 55 opinions
1Opinion of the Court
FLAUM, Circuit Judge.
This case presents an issue of first impression in this circuit: whether the absence of a scienter element in the sentencing enhancement for possession of a firearm with an obliterated serial number, § 2K2.1(b)(4) of the Sentencing Guidelines, violates substantive due process. We hold that it does not.
The facts of this case are straightforward. In 1984, James E. Schnell was convicted of filing a false income tax return in violation of 26 U.S.C. § 7606(1). The three-year term of imprisonment to which he was sentenced was suspended, and Schnell was placed on probation for…
2Cases cited37 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- Dennis v. United StatesSupreme Court of the United States · 1951
- Liparota v. United StatesSupreme Court of the United States · 1985
- United States v. DotterweichSupreme Court of the United States · 1943
- Chicago, Burlington & Quincy Railway Co. v. United StatesSupreme Court of the United States · 1911
32 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- United States v. Rebecca S. DemareeCourt of Appeals for the Seventh Circuit · 2006
- United States v. Thomas C. RichardsonCourt of Appeals for the Seventh Circuit · 2001
- United States v. Everett D. SeacottCourt of Appeals for the Seventh Circuit · 1994
- United States v. BellCourt of Appeals for the Seventh Circuit · 2009
- United States v. StathamCourt of Appeals for the Seventh Circuit · 2009
50 more not listed; retrieve them via the Exa API.