Legal Opinion

United States v. Oscar E. Hyde

Court of Appeals for the Fifth Circuit

Decided June 23, 1971No. 27777_1PublishedCited by 157 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

Oscar E. Hyde, Richmond Flowers, Joe Breck Gantt, and James C. Kelly, were charged with extortion and conspiracy to extort1 2in violation of the Hobbs Act, 18 U.S.C. § 1951.2 By statutory definition the extortion must affect interstate commerce. Shortly before the trial, Kelly suffered a heart attack and the court granted Kelly’s motion for a continuance and a severance. (See Part VI of this opinion.) After a trial lasting six weeks, the jury found Hyde and Flowers guilty on all counts. Each was sentenced to serve a term of eight years on each count, the terms to run…

2Cases cited78 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Berger v. United StatesSupreme Court of the United States · 1935
  3. Swain v. AlabamaSupreme Court of the United States · 1965
  4. Sheppard v. MaxwellSupreme Court of the United States · 1966
  5. Stirone v. United StatesSupreme Court of the United States · 1960

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3Cited by157 opinions

  1. In re Japanese Electronic Products Antitrust LitigationCourt of Appeals for the Third Circuit · 1983
  2. United States v. MartinoCourt of Appeals for the Fifth Circuit · 1981
  3. United States v. BermeaCourt of Appeals for the Fifth Circuit · 1994
  4. United States v. Sally A. Papia, Russell J. Enea, Joseph v. Basile, and Maximillion J. AdonnisCourt of Appeals for the Seventh Circuit · 1977
  5. United States v. Harry BernsteinCourt of Appeals for the Second Circuit · 1976

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