MISENHIMER

v.

UNITED STATES

Citator

Cited By (24 total)

• United States v. Margiotta, 688 F.2d 108 (2d Cir. 1982)
  …ediary to commit the challenged actions, the individual adopts both the intermediary’s act and his capacity. See, e.g., United States v. Ruffin, 613 F. 2d 408, 415 (2d Cir. 1979); United States v. Wiseman, 445 F. 2d 792, 795 (2d Cir.), cert. denied, 404 U.S. 967, 92 S.Ct. 346, 30 L.Ed.2d 287 (1971). Section 2(b) has been broadly interpreted to cover not only the voluntary acts of a defendant’s agents, but also involuntary conduct on the part of his victims. See United States v. De Cavalcante, 440 F. 2d 126…
• United States v. Bubar, 567 F.2d 192 (2d Cir. 1977)
  …of counsel, our Court usually has started by examining the strength of the prosecution’s case. United States ex rel. Marcelin v. Mancusi, supra, 462 F. 2d at 43-44; United States ex rel. Crispin v. Mancusi, 448 F. 2d 233, 234 (2 Cir.), cert, denied, 404 U.S. 967 (1971); United States v. Katz, 425 F. 2d 928, 930 (2 Cir. 1970); United States v. Garguilo, 324 F. 2d 795, 796 (2 Cir. 1963). It would be difficult to conceive of a more overwhelming case of guilt than that established by the government against Bub…
• Slotnick v. Staviskey, 560 F.2d 31 (1st Cir. 1977)
  …riminal prosecutions and actions for injunctive relief, where state action is also a prerequisite. See United States v. Price, supra, 383 U.S. at 794-95, n. 5, 86 S.Ct. 1152. Cf. United States v. Wiseman, 445 F. 2d 792, 794 (2d Cir.), cert. denied, 404 U.S. 967, 92 S.Ct. 346, 30 L.Ed.2d 287 (1971). It is difficult also to explain Haldane as giving a separate “co-conspirator’s immunity”, in light of the absence of such at common law, and, while others accord substantial weight to the embarrassment and incon…