How this document has been cited
—proper to instruct jury that lack of predisposition and government inducement must be shown beyond reasonable doubt to sustain defense
- in Ninth Circuit Review—Developments in Criminal Law and Procedure in the … and 2 similar citations
Stephenson argues that "literally true" statements cannot be the basis of a Section 1001 conviction.
- in US v. Stephenson, 1990 and one similar citation
This, indeed, is the doctrine we have adopted in conspiracy cases: the conspiracy is not merged into the substantive crime even though successful completion of the crime that was the objective of the agreement is proved; the defendants may be separately charged and convicted for each offense.
The courts which have examined this issue have concluded, with virtual unanimity, that the underlying purpose of a marriage is a material fact which bears upon the validity of the marriage, and that any false or fraudulent misrepresentation regarding the actual purpose of a marriage in order to gain status as a resident of the United States can be punished under 18 …
- in US v. Zalman, 1989
However, a prosecution for a false statement under § 1001 or under the perjury statutes cannot be based on an ambiguous question where the response may be literally and factually correct.
—the defendant was convicted of aiding and abetting the making of false statements to the Immigration and Naturalization Service (INS).
The aider and abettor, however, need not have the exact intent as a principal because the "community of unlawful intent" does not rise to the level of agreement.
- in US v. Morrow, 1991
Therefore, the intent requirement in a § 1001 prosecution is satisfied if the defendant knows that success of a scheme is dependent on misrepresentations to and concealment from a government agency.
- in US v. Cannon, 1993
We decline to take notice of a claim of error not properly preserved by a timely objection in the trial court.
- in State v. Coria, 1979
—and "considering the instructions as a whole,[we believe] the jury was fairly instructed on" the defense theory.
Cited by
GW Goff… - Loyola of Los Angeles Law Review, 1977
ST Black - Akron L. Rev., 2015
RJ McWhirter - 2006
C ACTION… - CHALLENGE, 2019
SP Green - 2006
TOFM HEARING - Proceedings recorded by mechanical stenography …, 2018
8 F. 3d 39 - Court of Appeals, Dist. of Columbia Circuit 1993
811 F. Supp. 1568 - Dist. Court, MD Georgia 1993
929 F. 2d 1427 - Court of Appeals, 9th Circuit 1991
923 F. 2d 427 - Court of Appeals, 6th Circuit 1991