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· 5/14/2010

United States v. Castagana

Citations

  • 604 F.3d 1160
  • 2010 U.S. App. LEXIS 9886
  • 2010 WL 1930231

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that Flores- Figueroa did not require a particular construction of a statute because the statute at issue was not parallel to the statute in Flores-Figueroa
  • explaining that “with intent” did not apply to an additional prepositional phrase based on the language of the statute and its legislative history
  • declining to apply Flores- Figueroa to 18 U.S.C. § 1038(a)(1), but addressing a specific mens rea requirement that formed its own self- contained phrase
  • rejecting the defendant’s constitutional challenge to the jury instructions where he “raised no such First Amendment claim” regarding the statute
  • declining to apply Flores- Figueroa to 18 U.S.C. § 1038(a)(1), but addressing a specific mens rea requirement that formed its own self- contained phrase
  • rejecting the argument that the court “treat ‘with intent’ the same way the Supreme Court treated ‘knowingly’ in Flores- Figueroa” because “the language of the statute in Flores- Figueroa is not parallel to that of [18 U.S.C.] § 1038(a)(1)”

Source: CourtListener parenthetical corpus (CC0).

Judges: Canby, Wardlaw, Callahan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.