NICK ET AL.

v.

UNITED STATES

Citator

Cited By (104 total)

• McNALLY v. United States, 483 U.S. 350 (U.S. 1987)
  …tute. See nn. 1-5, supra. Discussing the peculiar facts of each of them would only confirm the observation that fraud is “as old as falsehood and as versable as human ingenuity.” Weiss v. [*368] United States, 122 F. 2d 675, 681 (CA5), cert. denied, 314 U. S. 687 (1941). But, taken as a whole, these cases prove just how unwise today’s judicial amendment of the mail fraud statute is. II The cases discussed above demonstrate that the construction the courts have consistently given the statute is consistent w…
• United States v. Orange Jell Beechum, 582 F.2d 898 (5th Cir. 1978)
  …offenses. The reasoning is that because the defendant had unlawful intent in the extrinsic offense, it is less likely that he had lawful intent in the present offense.15 See Weiss v. United States, 122 [*912] F. 2d 675, 683 (5th Cir.), cert. denied, 314 U.S. 687, 62 S.Ct. 300, 86 L.Ed. 550 (1941); 2 Wigmore, Evidence § 302 (3d ed. 1940). Under Broadway, that the defendant had unlawful intent in the commission of the extrinsic offense is established by requiring the Government to prove each physical element…
• Carbo v. United States, 314 F.2d 718 (9th Cir. 1963)
  …was returned. There was then no possibility of prejudicial surprise.16 The contention that § 1951 is not within the power of Congress and contravenes the Tenth Amendment was refuted in Nick v. United States, 8 Cir., 1941, 122 F. 2d 660, cert. den., 314 U.S. 687, 62 S.Ct. 302, 86 L.Ed. 550, reh. den., 314 U.S. 715, 62 S.Ct. 411, 86 L. Ed. 570, reh. den., 316 U.S. 710, 62 S. Ct. 1103, 86 L.Ed. 1776 (1942). The conspiracy and substantive offenses under § 1951 do not merge.17 Nor is the § 371 conspiracy identi…

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