· 3/1/1999
United States v. Kurian Chacko
Citations
- 169 F.3d 140
- 1999 U.S. App. LEXIS 3156
- 1999 WL 101272
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an intent to harm can be inferred from conduct that “has the effect of injuring as a necessary result of carrying it out”
- explaining that “touchstone” of multiple punishments analysis “is whether Congress intended to authorize separate punishments for the offensive conduct under separate statutes”
- noting that section 1344 bank fraud requires the distinguishing element of a scheme or artifice, while section 1014 false statement offense requires the distinguishing element of a false statement
- ʺ[A] Double Jeopardy challenge can be waived . . . if not asserted at the district court level.ʺ
- if there is an element in each offense that is not contained in the other, they are not the same for purposes of double jeopardy
- discussing Blockburger v. 9 United States, 284 U.S. 299 (1932)
Source: CourtListener parenthetical corpus (CC0).
Judges: McLAUGHLIN, Oakes, Walker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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