§Why CasetextPricing

USA v. Murgio et al

MEMORANDUM in Opposition

31 Cited authorities

  1. United States v. Armstrong

    517 U.S. 456 (1996)   Cited 2,211 times   4 Legal Analyses
    Holding that “in the absence of clear evidence to the contrary, courts presume that [government officials] have properly discharged their official duties”

  2. Santobello v. New York

    404 U.S. 257 (1971)   Cited 4,883 times   7 Legal Analyses
    Holding that if petitioner is granted specific performance he "should be resentenced by a different judge"

  3. United States v. Rojas-Contreras

    474 U.S. 231 (1985)   Cited 192 times   1 Legal Analyses
    Holding that, because "[t]he statute clearly fixes the beginning point for the trial preparation period as the first appearance through counsel," and not the "date of the indictment," "Congress did not intend that the 30-day trial preparation period begin to run from the date of filing of a superseding indictment"

  4. U.S. v. Stewart

    590 F.3d 93 (2d Cir. 2009)   Cited 201 times   1 Legal Analyses
    Holding that a mental state is not “relevant conduct” for purposes of applying the terrorism enhancement

  5. U.S. v. Mulder

    273 F.3d 91 (2d Cir. 2001)   Cited 206 times   1 Legal Analyses
    Holding that the government was “free to offer expert testimony ... as background for an offense”

  6. United States v. Stringer

    730 F.3d 120 (2d Cir. 2013)   Cited 138 times
    Holding that the Government need not specify the identity of the victim of identity theft in the indictment

  7. U.S. v. Grossman

    843 F.2d 78 (2d Cir. 1988)   Cited 115 times   1 Legal Analyses
    Holding that mailings of confirmation slips after trades made on misappropriated information were in furtherance of the scheme to misappropriate and trade on the information.

  8. U.S. v. McGee

    564 F.3d 136 (2d Cir. 2009)   Cited 50 times   1 Legal Analyses
    Holding that defendant's live-in girlfriend had actual authority to consent to search of defendant's residence even after defendant took away her keys when she told him she planned on leaving him

  9. United States v. Carter

    454 F.2d 426 (4th Cir. 1972)   Cited 139 times
    Holding that, when federal prosecutors make promises without authority, the "solution does not lie in formalisms about . . . express, implied or apparent authority" but in "the administrative controls which . . . regulate . . . the conduct of cases by United States Attorneys and their assistants. . . . There is more at stake than just the liberty of this defendant. At stake is the honor of the government public confidence in the fair administration of justice"

  10. United States v. Fields

    592 F.2d 638 (2d Cir. 1978)   Cited 96 times
    Rejecting claim that informal criminal reference procedure of Securities and Exchange Commission violated due process and statutes and should invalidate convictions

  11. Section 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 91,468 times   147 Legal Analyses
    In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

  12. Section 3161 - Time limits and exclusions

    18 U.S.C. § 3161   Cited 40,526 times   32 Legal Analyses
    Holding excludable " reasonable period of delay when the defendant is joined for trial with a codefendant as to whom the time for trial has not run and no motion for severance has been granted"

  13. Section 371 - Conspiracy to commit offense or to defraud United States

    18 U.S.C. § 371   Cited 21,529 times   140 Legal Analyses
    Requiring proof of an "act to effect the object of the conspiracy"

  14. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 12,050 times   172 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  15. Section 1956 - Laundering of monetary instruments

    18 U.S.C. § 1956   Cited 9,350 times   142 Legal Analyses
    Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses

  16. Section 1001 - Statements or entries generally

    18 U.S.C. § 1001   Cited 7,363 times   304 Legal Analyses
    Making false statements

  17. Section 1349 - Attempt and conspiracy

    18 U.S.C. § 1349   Cited 5,201 times   41 Legal Analyses
    Criminalizing "[a]ny person who attempts or conspires to commit any offense under this chapter"

  18. Section 1344 - Bank fraud

    18 U.S.C. § 1344   Cited 4,943 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"

  19. Section 1028A - Aggravated identity theft

    18 U.S.C. § 1028A   Cited 3,485 times   37 Legal Analyses
    Requiring sentence be served consecutively to any other sentence and prohibiting courts from placing defendants convicted under this provision on probation

  20. Section 1030 - Fraud and related activity in connection with computers

    18 U.S.C. § 1030   Cited 3,251 times   408 Legal Analyses
    Holding cellular phones are protected