HUIE ET AL.
v.
UNITED STATES

U.S. | 1972-10-10
No. 71-1666
409 U.S. 891 Supreme Court of the United States (1972) Caution
Cited by 5 cases

Opinion

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  • United States v. Von Barta, 635 F.2d 999 (2d Cir. 1980)
    …Fifth Circuit stated: “Statutes like the federal mail fraud statute involved here must be strictly construed in order to avoid extension beyond the limits intended by Congress.” United States v. Edwards, 458 F. 2d 875, 880 (5th Cir.), cert. denied, 409 U.S. 891, 93 S.Ct. 118, 34 L.Ed.2d 148 (1972). Accord, United States v. Louderman, supra, 576 F. 2d at 1388; United States v. Kelem, 416 F. 2d 346, 347 (9th Cir. 1969), cert. denied, 397 U.S. 952, 90 S.Ct. 977, 25 L.Ed.2d 134 (1970). . Thus, to make out a…
  • United States v. Curry, 681 F.2d 406 (5th Cir. 1982)
    …cannot be doubted that the rule of strict construction is applicable to section 1341. Fasulo v. United States, 272 U.S. 620, 629, 47 S.Ct. 200, 202, 71 L.Ed. 443, 445-46 (1926); United States v. Edwards, 458 F. 2d 875, 880 (5th Cir.), cert. denied, 409 U.S. 891, 93 S.Ct. 118, 34 L.Ed.2d 148 (1972). As Bass and Rewis teach us, it is especially applicable in this sort of setting because a broader construction “renders traditionally local criminal conduct a matter for federal enforcement,” 404 U.S. at 350,…
  • …tes, 401 U.S. 808, 812, 91 S.Ct. 1056, 1059, 28 L.Ed.2d 493 (1971), plainly applies to § 1341. Fasulo v. United States, 272 U.S. 620, 629, 47 S.Ct. 200, 202, 71 L.Ed. 443 (1926); United States v. Edwards, 458 F. 2d 875, 880 (5th Cir.), cert. denied, 409 U.S. 891, 93 S.Ct. 118, 34 L.Ed.2d 148 (1972). Because in my opinion the referenced elements of § 1341 were not proved respecting count 7, I would reverse Ford’s conviction on that count. . Ford and Nichols were each convicted of fourteen separate mailing…

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