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· 8/2/1982

United States v. John Stanfa

Citations

  • 685 F.2d 85
  • 11 Fed. R. Serv. 87
  • 1982 U.S. App. LEXIS 16902

How courts have described this case

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

  • explaining that \two counts are multiplicitous if the evidence shows that exactly the same facts that would make out one violation also would make out the other\
  • affirming the district court’s exclusion of defendant’s duress-related evidence because defendant did not learn of gangland-style killings occurring while defendant was making false declarations before the grand jury until after his testimony
  • “We think the focus of the Geb-hard court’s concern was on governmental abuse of the grand jury process ....”
  • “In practice ... we have usually found the second Carter inquiry [congressional intent] to be determinative of the multiplicity question.”
  • “It would have been proper for the district court to rule that it would await the close of the government’s case before deciding whether to force the government to elect between counts if there was a barrier of proof of separate offenses.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Aldi-Sert, Rosenn, Seitz

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.