Opinion · Supreme Court of the United States

Goldenberg v. United States

460 U.S. 1011

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1983-02-28
Topic
general

How later courts describe this case

  • change in statuiory language from "clear probability" to “well-founded fear" imposed lesser burden of proof on political asylum applicant
  • the defendant may not be convicted under Sec. 1962(d) unless he agrees to commit the acts himself
  • in competency trial, defer to trial court finding that corrections officers’ observations of defendant six months before hearing not too remote in time
  • court-authorized wiretap, even if in violation of § 2518(9), may be used to impeach defendant on cross-examination
  • the defendant may not be convicted under § 1962(d) unless he agrees to commit the acts himself
  • conditions in country of origin relevant to issue of “well-founded fear of persecution”
  • “His claim is not so frivolous that it should not be tested in a plenary hearing under the legal standards established by the [United Nations] Protocol [Relating to the Status of Refugees, 19 U.S.T. 6257, 606 U.N.T.S. 268]”
  • RICO conspiracy defendants must agree to commit two predicate offenses

Citator

UpLaw has not yet analyzed Goldenberg v. United States. The absence of a flag is not a finding that it is good law.

Cited by
144 opinions

C. A. 1st Cir. Certiorari denied.