U.S. Court of Appeals for the Second Circuit, 1970

United States v. Manarite

U.S. Court of Appeals for the Second Circuit · Decided November 19, 1970 · Gibbons, Hays, Kaufman

434 F.2d 1069 (Federal Reporter, Second Series)

Counsel

H. Elliot Wales, New York City, for appellant., Stephen H. Scott, Sp. Atty., U. S. Dept, of Justice (Jack Kaplan, Asst. U. S. Atty., of counsel; Whitney North Seymour, Jr., U. S. Atty., for S. D. N. Y., on the brief), for appellee.

Cases that cite this one

1 later published case cites this decision.

United States v. Natale (2d Cir. 1975)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Concurring Opinion

HAYS, Circuit Judge

(concurring):

Having dissented in United States v. Perez, I consider myself bound by the result in that case and therefore concur in the present opinion.

Opinion of the Court

PER CURIAM:

We have affirmed in open court because we believe appellant’s challenge to the constitutionality of one of the statutes under which he was convicted, 18 U.S.C. § 894, forbidding “the use of any extortionate means * * * to collect or attempt to collect any extension of credit,” is foreclosed by our recent decisions in United States v. De Stefano, 2 Cir., 429 F.2d 344 (1970), and United States v. Perez, 2 Cir., 426 F.2d 1073, cert. granted, 400 U.S. 915, 91 S.Ct. 175, 27 L.Ed.2d 154 (1970). Moreover, we did not see any merit to his other contentions.

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