32 Cited authorities

Neder v. United States
527 U.S. 1 (1999) Cited 5,042 times 31 Legal Analyses
Holding that the failure to submit an uncontested element of an offense to a jury may be harmless
United States v. Lanier
520 U.S. 259 (1997) Cited 2,468 times 4 Legal Analyses
Holding that courts should look to prior judicial decisions interpreting a statute in considering whether it is vague
Grayned v. City of Rockford
408 U.S. 104 (1972) Cited 4,774 times 6 Legal Analyses
Holding that a statute's words, even when "marked by flexibility and reasonable breadth, rather than meticulous specificity," are clear based on "what the ordinance as a whole prohibits"
Chicago v. Morales
527 U.S. 41 (1999) Cited 1,336 times 3 Legal Analyses
Holding that vagueness that "fails to establish standards for the police and public that are sufficient to guard against the arbitrary deprivation of liberty interests" is subject to facial challenge
Smith v. Goguen
415 U.S. 566 (1974) Cited 1,211 times 2 Legal Analyses
Holding statute void-for-vagueness without finding that Goguen's actions constituted protected speech
Commodity Futures Trading Comm'n v. Schor
478 U.S. 833 (1986) Cited 732 times 10 Legal Analyses
Holding that the CFTC's adjudicative functions did not violate separation of powers
Coates v. City of Cincinnati
402 U.S. 611 (1971) Cited 1,051 times 1 Legal Analyses
Holding a statute to be unconstitutionally vague because it subjected First Amendment rights to "an unascertainable standard"
United States v. National Dairy Corp.
372 U.S. 29 (1963) Cited 781 times
Holding that below-cost prices may constitute "unreasonably low" prices for purposes of § 3 of the Robinson-Patman Act, 15 U.S.C. § 13a
Williams v. United States
458 U.S. 279 (1982) Cited 358 times
Holding that statute prohibiting the making of false statements to a bank was inapplicable to depositing of a "bad check" because "the Government's interpretation . . . would make a surprisingly broad range of unremarkable conduct a violation of federal law"
Winters v. New York
333 U.S. 507 (1948) Cited 886 times 1 Legal Analyses
Holding that where a statute imposes criminal penalties, the standard of certainty involved in vagueness review is higher
Section 1344 - Bank fraud
18 U.S.C. § 1344 Cited 5,062 times 60 Legal Analyses
Defining the maximum prison terms for wire fraud that affects a financial institution and bank fraud, which define the penalties for the conspiracy crime that Anderson pleaded guilty to according to 18 U.S.C. § 1349, as "not more than 30 years"
Section 2 - Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce
7 U.S.C. § 2 Cited 519 times 55 Legal Analyses
Adopting respondeat superior principles for regulatory actions brought by the Commodity Exchange Commission
Section 1348 - Securities and commodities fraud
18 U.S.C. § 1348 Cited 288 times 42 Legal Analyses
Prohibiting schemes to obtain certain property "by means of false or fraudulent pretenses"
Section 13 - Violations generally; punishment; costs of prosecution
7 U.S.C. § 13 Cited 267 times 13 Legal Analyses
Pertaining to punishment for violations of the Commodity Exchange Act
Section 6c - Prohibited transactions
7 U.S.C. § 6c Cited 219 times 32 Legal Analyses
Defining "spoofing" under the Commodity Exchange Act

USA v. Coscia

32 Cited authorities

Holding that the failure to submit an uncontested element of an offense to a jury may be harmless

Holding that courts should look to prior judicial decisions interpreting a statute in considering whether it is vague

Holding that a statute's words, even when "marked by flexibility and reasonable breadth, rather than meticulous specificity," are clear based on "what the ordinance as a whole prohibits"

Holding that vagueness that "fails to establish standards for the police and public that are sufficient to guard against the arbitrary deprivation of liberty interests" is subject to facial challenge

Holding statute void-for-vagueness without finding that Goguen's actions constituted protected speech

Holding that the CFTC's adjudicative functions did not violate separation of powers

Holding a statute to be unconstitutionally vague because it subjected First Amendment rights to "an unascertainable standard"

Holding that below-cost prices may constitute "unreasonably low" prices for purposes of § 3 of the Robinson-Patman Act, 15 U.S.C. § 13a

Holding that statute prohibiting the making of false statements to a bank was inapplicable to depositing of a "bad check" because "the Government's interpretation . . . would make a surprisingly broad range of unremarkable conduct a violation of federal law"

Holding that where a statute imposes criminal penalties, the standard of certainty involved in vagueness review is higher

Defining the maximum prison terms for wire fraud that affects a financial institution and bank fraud, which define the penalties for the conspiracy crime that Anderson pleaded guilty to according to 18 U.S.C. § 1349, as "not more than 30 years"

Adopting respondeat superior principles for regulatory actions brought by the Commodity Exchange Commission

Prohibiting schemes to obtain certain property "by means of false or fraudulent pretenses"

Pertaining to punishment for violations of the Commodity Exchange Act

Defining "spoofing" under the Commodity Exchange Act