# United States v. James Palmieri

> Court of Appeals for the Third Circuit · May 11, 1994 · 21 F.3d 1265

URL: https://www.frixlaw.com/law-library/cases/9486644

## Case

- **Full name:** UNITED STATES of America, v. James PALMIERI, Appellant
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** May 11, 1994
- **Citations:** 21 F.3d 1265; 1994 U.S. App. LEXIS 10916; 1994 WL 117295
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Hutchinson, Cowen, Nygaard, Sloviter, Becker, Stapleton, Mansmann, Greenberg, Scirica, Roth, Lewis
- **Cited by:** 45 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated on other grounds by Palmieri v. United States, 513 U.S. 957 (1994).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9486644

## How later opinions describe it (automated extraction)

- 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”
- stating that “economic interests” are the “principal purpose,” and “repetitiveness” is “the modus operandi”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9486644. Public record. Not legal advice.