Opinion

United States v. James Palmieri

  • 21 F.3d 1265
  • 1994 U.S. App. LEXIS 10916
  • 1994 WL 117295
Court
Court of Appeals for the Third Circuit
Filed
May 11, 1994
Status
Published
On the bench
Hutchinson, Cowen, Nygaard, Sloviter, Becker, Stapleton, Mansmann, Greenberg, Scirica, Roth, Lewis
Cited by
45 cases

Vacated on other grounds by Palmieri v. United States, 513 U.S. 957 (1994)

explaining that “the finder of fact must examine the intent of the actor and all circumstances surrounding the acts alleged to constitute engaging in business”

How later courts described this case

  • explaining that “the finder of fact must examine the intent of the actor and all circumstances surrounding the acts alleged to constitute engaging in business”
  • showing tacit approval of the Second Circuit’s reading of the willfulness requirement by upholding a jury instruction in a § 922(a)(1) crime that stated “it is not required that [the defendant] knew that a license was required”
  • stating that “economic interests” are the “principal purpose,” and “repetitiveness” is “the modus operandi”
  • defining “knowingly” as “with knowledge, that is, voluntarily and intentionally and not because of mistake or accident or other innocent reason”

Written by the judges who cited it.

The opinion

SUR PETITION FOR REHEARING

May 11, 1994

Present: SLOVITER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ROTH and LEWIS, Circuit Judges.

The petition for rehearing filed by appellant in the above-entitled case having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges *1292 of the circuit in regular active service not having voted for rehearing by the court in bane, the petition for rehearing is denied.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.