Pasquantino v. United States

544 U.S. 349 (2005)

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Pasquantino v. United States

United States Supreme Court
544 U.S. 349 (2005)

Facts

Carl Pasquantino, David Pasquantino (the Pasquantinos), and Arthur Hilts (defendants) were indicted for federal wire fraud in connection with a scheme to smuggle liquor from the United States into Canada. The district court denied the motion made by the Pasquantinos and Hilts to dismiss the indictment for failure to state an offense. The evidence at trial established that while in New York, the Pasquantinos telephoned discount liquor stores in Maryland, ordered liquor that was delivered to New York, and then employed Hilts and others to hide the liquor in their vehicles and drive it over the Canadian border without paying Canadian excise taxes. The Pasquantinos and Hilts were convicted of wire fraud. The Fourth Circuit affirmed the convictions in an en banc decision. The Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Thomas, J.)

Dissent (Ginsburg, J.)

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