Opinion

United States v. Franklyn C. Nofziger

  • 878 F.2d 442
  • 278 U.S. App. D.C. 340
  • 1989 U.S. App. LEXIS 13808
  • 1989 WL 68604
Court
Court of Appeals for the D.C. Circuit
Filed
Sep 5, 1989
Status
Published
Author
Edwards
On the bench
Edwards, Buckley, Williams, Wald, Mikva, Ginsburg, Ruth
Cited by
42 cases

applying the rule of lenity after finding that the statute contained “language that is as amenable to one interpretation as the other,” with no clear legislative history or official interpretation

How later courts described this case

  • applying the rule of lenity after finding that the statute contained “language that is as amenable to one interpretation as the other,” with no clear legislative history or official interpretation
  • interpreting an ambiguous subsection of the Ethics in Government Act as requiring the government to demonstrate that the defendant had knowledge of the facts that made his conduct criminal
  • applying the rule of lenity, as well as the canon that criminal offenses requiring no mens rea are generally disfavored, to resolve an ambiguous statute in the defendant’s favor
  • reading Supreme Court precedents for the proposition that lobbying, "insofar as it constitutes self-representation,” is protected by the First Amendment right to petition

Written by the judges who cited it.

The opinion

EDWARDS, Circuit Judge,

with whom WALD, Chief Judge, MIKVA, and GINSBURG, RUTH B., Circuit Judges, concur,

concurring in the denial of the suggestion for rehearing en banc:

I think that the majority opinion in this case is clearly wrong; however, this is not a basis for en banc consideration by the court. Therefore, I concur in the denial of the suggestion for rehearing en banc. Any further consideration of this case must be pursuant to review by the Supreme Court.

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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