Opinion

United States v. Mandel

  • 602 F.2d 653
Court
Court of Appeals for the Fourth Circuit
Filed
Jul 20, 1979
Status
Published
On the bench
Butzner, Hall, Haynsworth, Phillips, Russell, Widener
Cited by
65 cases
Authority
More cited than 98.7%

holding that the declarants’ unidentified status precluded compliance with the notice provision and consequently rendered the statements inadmissible under Rule 807

How later courts described this case

  • holding that the declarants’ unidentified status precluded compliance with the notice provision and consequently rendered the statements inadmissible under Rule 807
  • “Provided the requisite intent is shown, the official’s failure to disclose the existence of a direct interest in a matter that he is passing on defrauds the public and pertinent public bodies of their intangible right to honest, loyal, faithful and disinterested government.”
  • “highly unlikely that Congress . . . intended to make a conviction under the statute turn on a showing that the defendant was in some way a member of ‘organized crime’ ”
  • reinstating the convictions and affirming the district court

Written by the judges who cited it.

The opinion

PER CURIAM:

The judgments of conviction are affirmed by an equally divided court.

A majority of the members of the en banc court would affirm the judgments of conviction against all of the contentions of the appellants except the claim of error in the charge to the jury which was the point upon which there was equal division.

AFFIRMED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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