Opinion · Supreme Court of the United States

Delph v. United States

58 L. Ed. 2d 344

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1978-11-06
Topic
general

the RICO statute does not “punish mere association with conspirators or knowledge of illegal activity; its proscriptions are directed against conduct, not status.” | motion for reconsideration of order denying motion for new trial or judgment n. o. v. did not toll the running of the time for filing appeal | acquittal on a substantive offense does not preclude a verdict of guilty on count charging conspiracy to commit such substantive offense | the central element in a RICO conspiracy is not an agreement to commit the underlying predicate acts but, rather, to commit a statutorily defined RICO violation | “rights under the ninth amendment are only those ‘so basic and fundamental and so deeprooted in our society’ to be truly ‘essential rights,’ and which nevertheless, cannot find direct support elsewhere in the Constitution” | “[T]he old statute ... clearly indicated [the State’s] view of the severity of [the offense] and of the degree of punishment which the legislature wished to impose upon [offenders].” | “it is settled that the [fjourth [ajmendment’s protection against ‘unreasonable searches and seizures’ protects a citizen against the warrantless opening of sealed letters and packages addressed to him in order to examine the contents” | agent posing as invitee to defendant's party

Citator

Cited by
169 opinions

C. A. 5th Cir. Certiorari denied. Reported below: 571 F. 2d 880.