BRUNSON
v.
UNITED STATES

U.S. | 1982-01-11
No. 81-5528
454 U.S. 1151 Supreme Court of the United States (1982) Positive Treatment
Cited by 22 cases

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Cited By (20 total)

  • United States v. Esau Jackson, 696 F.2d 578 (8th Cir. 1982)
    …ver, “[i]t is not necessary in a mail fraud prosecution to show that a defendant profited from his scheme.” DeMier v. United States, 616 F. 2d 366, 369 (8th Cir.1980). Accord United States v. Bassler, 651 F. 2d 600, 604 (8th Cir.1981), cert. denied, 454 U.S. 1151, 102 S.Ct. 1018, [*592] 71 L.Ed.2d 305 (1982). Despite Dancy’s failure to directly benefit from the Indiana arson fire, the jury could infer that his conduct was actuated by a specific intent to defraud the insurer. DeMier v. United States, supra, 6…
  • United States v. Casperson, 773 F.2d 216 (8th Cir. 1985)
    …s not sufficient to support the jury’s verdict. Essential to Ruis’ conviction on the substantive fraud counts is a showing that he acted with an intent to defraud. See, e.g., United States v. Bassler, 651 F. 2d 600, 604 (8th Cir.1981), cert. denied, 454 U.S. 1151, 102 S.Ct. 1018, 71 L.Ed.2d 305 (1982) (intent an essential element of mail fraud); United States v. Edwards, 516 F. 2d 913 (8th Cir.1975) (intent an essential element of the offense of inducing interstate travel to defraud). In our estimation, the…
  • United States v. Moreno-Pulido, 695 F.2d 1141 (9th Cir. 1983)
    …t require the purchaser to be duped. Id. at 743; accord, United States v. Chodor, 479 F. 2d 661, 664 (1st Cir.), cert. denied, 414 U.S. 912, 94 S.Ct. 254, 38 L.Ed.2d 151 (1973); United States v. Brunson, 657 F. 2d 110, 113 (7th Cir.), cert. denied, 454 U.S. 1151, 102 S.Ct. 1016, 71 L.Ed.2d 306 (1981).5 These cases demonstrate that the Lustig test has never been applied as literally as appellant would have it applied here.6 We therefore hold that a blank green card form can be an “instrument [or] paper ...…

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