Opinion · Supreme Court of the United States

Buckley v. United States

440 U.S. 982

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1979-04-02
Topic
general

How later courts describe this case

  • compensating, under § 4, litigation of all issues "that a reasonable and prudent antitrust lawyer would have litigated"
  • "[n]ot only must the injury be direct, but it must be of the kind the antitrust laws were written to guard against."
  • "where a defendant is improperly convicted for a lesser included offense, the proper remedy is to vacate both the conviction and sentence on the included offense, leaving the conviction and sentence on the greater offense intact"
  • The court held that failure to file is a lesser offense included in a § 7201 conviction. “Appellant argues, and we agree, that failure to file is a lesser offense included in a Section 7201 conviction based on the facts of this case. The government conceded as much at oral argument.”
  • defendant sought production of FBI investigative files

Citator

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

Cited by
154 opinions

C. A. 5th Cir. Certiorari denied.