United States v. Chiarella, 48
| Decision Date | 05 January 1951 |
| Docket Number | No. 48,Docket 21741.,48 |
| Citation | 187 F.2d 12 |
| Parties | UNITED STATES v. CHIARELLA et al. |
| Court | U.S. Court of Appeals — Second Circuit |
Michael P. Direnzo, New York City, for appellant Vincent Palmisano.
David J. Paully, New York City, for appellant Anthony Pietraniello.
Mordecai M. Merker, New York City, for appellant John J. Stancin.
Abraham V. Kaplan, New York City, for appellant Anthony Chiarella.
Irving H. Saypol, U. S. Atty., New York City (Myles J. Lane, Bruno Schachner, Robert M. Reagan, New York City, of counsel), for the United States.
Before L. HAND, Chief Judge, and SWAN and CLARK, Circuit Judges.
In accordance with the leave which we gave when we affirmed the convictions, the parties have now filed their briefs upon the point which we then raised of our own motion: i.e. whether Counts One and Two do not duplicate each other, and whether each does not duplicate Count Three. Count Two was for "keeping in possession" counterfeit money "with intent to defraud," and 18 U.S.C.A. § 472 makes that an offence alternative to passing, uttering, publishing, selling, or concealing. So far therefore as any possession is a necessary incident to any of the other offences, it cannot have been intended as a separate offence. As to Chiarella, he certainly did not wish to "keep in possession" the counterfeits for an instant longer than was necessary; he wished to sell them and presumably to be rid of such dangerous goods with the utmost expedition. True, he was privy to their retention by Pietraniello and Seidler, while he, Palmisano and Gopadze went back to get the payment in Manhattan; but he was the seller, and Pietraniello was his agent to hold the goods until the price was paid. It is of no moment that this involved a delay of some hours before the exchange took place; that was the period required to make the sale and it was a part of the sale. So too as to Count One, for § 473 makes receiving an alternative to buying, selling, exchanging, transferring and delivering, and again that pre-supposes more than is inevitably involved in the other prohibited acts. Chiarella "received" the counterfeits only in order to deliver them, and delivery was certainly a part of the sale, not a separate act, like, for instance, receiving them preparatory to their utterance by someone else. Neither Count One, nor Count Two was proven, each was included...
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...933, 79 S.Ct. 1446, 3 L.Ed.2d 1546 (1959); United States v. Chiarella, 184 F.2d 903, 907 (2d Cir. 1950), Modified on other grounds, 187 F.2d 12 (2d Cir.), Vacated and remanded on other grounds, 341 U.S. 946, 71 S.Ct. 1004, 95 L.Ed. 1370 (1951). See also The Jury System in the Federal Courts......
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United States v. Nobles 8212 634
...F.2d 747 (CA5 1968); United States v. Alu, 246 F.2d 29 (CA2 1957); United States v Chiarella, 184 F.2d 903, modified on rehearing, 187 F.2d 12 (CA2 1950), vacated as to one petitioner, 341 U.S. 946, 71 S.Ct. 1004, 95 L.Ed. 1370, cert. denied as to other petitioner sub nom. Stancin v. United......
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...prosecutions if conviction is accompanied by consecutive sentences, see United States v. Chiarella, 2 Cir., 184 F.2d 903, modified 2 Cir., 187 F.2d 12, vacated Chiarella v. United States, 341 U.S. 946, 71 S.Ct. 1004, 95 L.Ed. 1370; cf. United States v. Chiarella, 2 Cir., 214 F.2d 838, certi......
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United States v. Chiarella
...affirmed and it was held that the aggregate sentence on them was fifteen years. A petition for rehearing was denied. United States v. Chiarella, 2 Cir., 187 F.2d 12. The appellant then filed a petition for a writ of certiorari on which the following action was taken by the Supreme Court on ......