Opinion · Supreme Court of the United States

Buckley v. United States

Buckley v. United States, 440 U.S. 982 (1979)

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.