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· 1/11/2013

United States v. Desposito

Citations

  • 704 F.3d 221
  • 81 A.L.R. Fed. 2d 589
  • 2013 WL 135733
  • 2013 U.S. App. LEXIS 881

How courts have described this case

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

  • concluding that an attempt must include \something more than mere preparation\ (quoting United States v. Farhane , 634 F.3d 127 , 147 (2d Cir. 2011) )
  • holding that the use of fire to divert police attention from the commission of a bank robbery qualified as a Section 844(h)(1) offense
  • holding that bank robber who set a fire to distract police responders “used” fire under § 844(h)(1) as the fire “was an integral part of [the robbery] scheme”
  • holding that defendant has fair warning where plain language of statute proscribes his conduct
  • noting that, to prove intent, the government had to show that the appellant’s actions “had the natural and probable effect” of obstructing his criminal trial
  • affirming conviction because the defendant had planned “to create fraudulent evidence”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cabranes, Chin, Carney

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.