Logourl black
From our private database of 13,800+ case briefs...

United States v. Biaggi

United States Court of Appeals for the Second Circuit
909 F.2d 662 (2d Cir. 1990), cert. denied sub nom. Simon v. United States, 499 U.S. 904 (1991)


Facts

Six defendants, including Congressman Mario Biaggi and the former CEO of Wedtech Corporation, John Marriotta (defendant), were charged with wrongdoing with regard to Wedtech’s receipt of contracts from the Defense Department. At his trial, Marriotta was prevented from introducing evidence that he had declined a deal with the government that would have given him immunity if he provided information regarding wrongdoing by the other defendants. Marriotta claimed that such evidence showed consciousness of innocence because anyone would have taken an offer of immunity if they had any knowledge of wrongdoing to offer. At trial, the prosecution also presented evidence of Marriotta’s consciousness of guilt because his wife withdrew a large amount of money from their joint account and put it in her own name. Marriotta was convicted and appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Newman, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 170,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.