BASNIGHT

v.

UNITED STATES

Citator

Cited By

• United States v. Stewart, 65 F.3d 918 (11th Cir. 1995)
  …holding § 241 not vague or overbroad); United States v. J.H.H., 22 F. 3d 821, 828 (8th Cir.1994) (holding §§ 241 and 3631 not vague); United States v. Gilbert, 813 F. 2d 1523, 1530-31 (9th Cir.) (holding § 3631 not vague or overbroad), cert. denied, 484 U.S. 860, 108 S.Ct. 173, 98 L.Ed.2d 127 (1987). The same result applies to § 844. It is not vague, because the language provides clear notice that using fire during the course of committing a felony is a crime; it is not overbroad, because it applies only…
• United States v. Brice, 926 F.2d 925 (9th Cir. 1991)
  …nd non-speech elements, and if Congress has the authority to regulate the non-speech conduct, incidental restrictions on freedom of speech are not constitutionally invalid.” See United State v. Gilbert, 813 F. 2d 1523, 1529 (9th Cir.), cert. denied, 484 U.S. 860, 108 S.Ct. 173, 98 L.Ed.2d 127 (1987). Brice does not challenge Congress’ authority to regulate his behavior at a Port of Entry, and he has not shown that the effect of the regulations on his speech were anything more than incidental restrictions o…
• United States v. Grunewald, 987 F.2d 531 (8th Cir. 1993)
  …d reported and paid the entire tax due under the Internal Revenue Code. Due to Grunewald’s failure to object to the instruction at trial, we review the instruction for plain error. United States v. Gantos, 817 F. 2d 41, 43 (8th Cir.), cert. denied, 484 U.S. 860, 108 S.Ct. 175, 98 L.Ed.2d 128 (1987). Nothing in this instruction implies the application of an objective standard of reasonableness. The reasonableness of Grunewald’s assertions that he relied upon his accountant honestly and in good faith was app…