The United States Court of Appeals for the Second Circuit affirmed Samuel F. Manarite's conviction for using extortionate means to collect an extension of credit in violation of 18 U.S.C. § 894. The court found that Manarite's challenge to the constitutionality of § 894 was foreclosed by two recent Second Circuit decisions upholding the statute. Additionally, the court found no merit to Manarite's other contentions. Judge Hays concurred in the opinion, although he had dissented in one of the prior decisions upholding § 894, but considered himself bound by that prior ruling.
The United States Court of Appeals for the Second Circuit affirmed Samuel F. Manarite's conviction for using extortionate means to collect an extension of credit in violation of 18 U.S.C. § 894. The court found that Manarite's challenge to the constitutionality of § 894 was foreclosed by two recent Second Circuit decisions upholding the statute. Additionally, the court found no merit to Manarite's other contentions. Judge Hays concurred in the opinion, although he had dissented in one of the prior decisions upholding § 894, but considered himself bound by that prior ruling.
The United States Court of Appeals for the Second Circuit affirmed Samuel F. Manarite's conviction for using extortionate means to collect an extension of credit in violation of 18 U.S.C. § 894. The court found that Manarite's challenge to the constitutionality of § 894 was foreclosed by two recent Second Circuit decisions upholding the statute. Additionally, the court found no merit to Manarite's other contentions. Judge Hays concurred in the opinion, although he had dissented in one of the prior decisions upholding § 894, but considered himself bound by that prior ruling.
v. Samuel F. MANARITE, Appellant. No. 331. Docket 35153.
United States Court of Appeals, Second Circuit.
Argued November 19, 1970. Decided November 19, 1970.
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. Before KAUFMAN, HAYS and GIBBONS, * Circuit Judges. 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.
Notes: *
Of the United States Court of Appeals for the Third Circuit, sitting by designation
HAYS, Circuit Judge (concurring):
2
Having dissented in United States v. Perez, I consider myself bound by the
result in that case and therefore concur in the present opinion.
Morton Sobell v. Attorney General of the United States, Department of Justice, Washington, D. C. And Director, United States Bureau of Prisons, Department of Justice, Washington, D. C, 400 F.2d 986, 3rd Cir. (1968)
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