# United States v. Franklyn C. Nofziger

> Court of Appeals for the D.C. Circuit · September 5, 1989 · 878 F.2d 442

URL: https://www.frixlaw.com/law-library/cases/9479204

## Case

- **Full name:** UNITED STATES of America v. Franklyn C. NOFZIGER, Appellant
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** September 5, 1989
- **Citations:** 878 F.2d 442; 278 U.S. App. D.C. 340; 1989 U.S. App. LEXIS 13808; 1989 WL 68604
- **Precedential status:** Published
- **Opinion:** Concurrence by Edwards
- **Judges:** Edwards, Buckley, Williams, Wald, Mikva, Ginsburg, Ruth
- **Cited by:** 42 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9479204

## How later opinions describe it (automated extraction)

- 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
- 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

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9479204. Public record. Not legal advice.