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• Schmuck_v._United_States abstract "Schmuck v. United States, 489 U.S. 705 (1989), is a United States Supreme Court decision on criminal law and procedure. By a 5–4 margin it upheld the mail fraud conviction of an Illinois man and resolved a conflict among the appellate circuits over which test to use to determine if a defendant was entitled to a jury instruction allowing conviction on a lesser included charge. Justice Harry Blackmun wrote for the majority; Antonin Scalia for the dissent.The case had begun when Schmuck was prosecuted for having rolled back odometers for years on cars he sold to used-car dealers. He had been indicted for 12 counts of mail fraud, based on the vehicle title applications the dealers had then mailed to the state's Department of Transportation in order to resell the cars. Before his trial in the Western District of Wisconsin, he had been denied a motion to have the jury instructed that they could vote to convict him of tampering with the odometer, at the time a less serious offense, if they did not find him guilty of mail fraud.He raised the issue after his conviction with the Seventh Circuit Court of Appeals, as well as the applicability of the mail-fraud statute to the dealers' applications. A panel rejected the latter argument but agreed that the jury should have been allowed to consider the lesser charge, reversing the conviction and remanding the case for a new trial. The government appealed that decision to an en banc panel of the circuit, which restored the conviction, holding that the odometer tampering was not "inherently related" to the mail fraud. Since other appellate circuits had preferred a different test for lesser included charges, Schmuck successfully petitioned the Supreme Court to hear the case.Blackmun ruled for the government on both questions. Since Schmuck had enjoyed a continuing relationship with the dealers he sold to, and the cars could not be resold to a retail customer without titles obtained using false information, the dealers' applications were an essential element of his crime and thus constituted mail fraud. On the second question, Blackmun said the court should have considered whether the elements of odometer tampering were a subset of the elements of the mail fraud, and since that was not the case Schmuck had been properly denied the instruction. Scalia's dissent focused exclusively on the mail fraud issue. Since Schmuck had already received his payment for the altered vehicles, it did not matter what happened afterwards, a holding he found more consistent with the Court's earlier rulings on the subject.".
• Schmuck_v._United_States thumbnail Odometer.jpg?width=300.
• Schmuck_v._United_States wikiPageExternalLink getcase.pl?court=us&vol=489&invol=705.
• Schmuck_v._United_States wikiPageExternalLink schmuck-v-united-states.
• Schmuck_v._United_States wikiPageExternalLink scholar_case?case=12790155691285587220.
• Schmuck_v._United_States wikiPageExternalLink scholar_case?case=3018777275931692967.
• Schmuck_v._United_States wikiPageExternalLink scholar_case?case=4231778664538596046.
• Schmuck_v._United_States wikiPageExternalLink 705.
• Schmuck_v._United_States wikiPageExternalLink schmuck-v-united-states-19970134.
• Schmuck_v._United_States wikiPageExternalLink rule_31.
• Schmuck_v._United_States wikiPageExternalLink 705.
• Schmuck_v._United_States wikiPageExternalLink argument.
• Schmuck_v._United_States wikiPageExternalLink opinion.
• Schmuck_v._United_States wikiPageID "38748672".
• Schmuck_v._United_States wikiPageRevisionID "569062223".
• Schmuck_v._United_States arguedate "--11-30".
• Schmuck_v._United_States argueyear "1988".
• Schmuck_v._United_States case "Schmuck v. United States".
• Schmuck_v._United_States cornell 705.
• Schmuck_v._United_States decidedate "--03-22".
• Schmuck_v._United_States decideyear "1989".
• Schmuck_v._United_States dissent "Scalia".
• Schmuck_v._United_States docket "87".
• Schmuck_v._United_States findlaw getcase.pl?court=us&vol=489&invol=705.
• Schmuck_v._United_States fullname "Wayne T. Schmuck v. United States".
• Schmuck_v._United_States hasPhotoCollection Schmuck_v._United_States.
• Schmuck_v._United_States holding "Defendant was properly convicted of mail fraud since third-party mailings of vehicle title applications using fraudulent odometer readings were necessary to success of ongoing scheme; defendant was properly denied jury instruction allowing conviction on lesser included offense of odometer tampering since elements of that offense were not a subset of mail fraud. Seventh Circuit affirmed.".
• Schmuck_v._United_States joindissent "Brennan, Marshall, O'Connor".
• Schmuck_v._United_States joinmajority "Rehnquist, White, Stevens, Kennedy".
• Schmuck_v._United_States justia 705.
• Schmuck_v._United_States lawsapplied ", F.R.Crim.P. 31(c)".
• Schmuck_v._United_States litigants "Schmuck v. United States".
• Schmuck_v._United_States majority "Blackmun".
• Schmuck_v._United_States opinionannouncement opinion.
• Schmuck_v._United_States oralargument argument.
• Schmuck_v._United_States otherSource "Google Scholar".
• Schmuck_v._United_States otherSource "OpenJurist".
• Schmuck_v._United_States otherUrl schmuck-v-united-states.
• Schmuck_v._United_States otherUrl scholar_case?case=12790155691285587220.
• Schmuck_v._United_States parallelcitations "17280.0".
• Schmuck_v._United_States prior "Defendant convicted , rev'd and rem'd,".
• Schmuck_v._United_States scotus "1988".
• Schmuck_v._United_States uspage "705".
• Schmuck_v._United_States usvol "489".
• Schmuck_v._United_States vlex schmuck-v-united-states-19970134.
• Schmuck_v._United_States subject Category:1989_in_United_States_case_law.
• Schmuck_v._United_States subject Category:Mail_and_wire_fraud_case_law.
• Schmuck_v._United_States subject Category:United_States_Court_of_Appeals_for_the_Seventh_Circuit_cases.
• Schmuck_v._United_States subject Category:United_States_Supreme_Court_cases.
• Schmuck_v._United_States subject Category:United_States_criminal_procedure_case_law.
• Schmuck_v._United_States subject Category:United_States_statutory_interpretation_case_law.
• Schmuck_v._United_States type Case.
• Schmuck_v._United_States type LegalCase.
• Schmuck_v._United_States type SupremeCourtOfTheUnitedStatesCase.
• Schmuck_v._United_States type UnitOfWork.
• Schmuck_v._United_States type Situation.
• Schmuck_v._United_States comment "Schmuck v. United States, 489 U.S. 705 (1989), is a United States Supreme Court decision on criminal law and procedure. By a 5–4 margin it upheld the mail fraud conviction of an Illinois man and resolved a conflict among the appellate circuits over which test to use to determine if a defendant was entitled to a jury instruction allowing conviction on a lesser included charge.".
• Schmuck_v._United_States label "Schmuck v. United States".
• Schmuck_v._United_States sameAs m.0rfhnyt.
• Schmuck_v._United_States sameAs Q7431848.
• Schmuck_v._United_States sameAs Q7431848.
• Schmuck_v._United_States wasDerivedFrom Schmuck_v._United_States?oldid=569062223.
• Schmuck_v._United_States depiction Odometer.jpg.
• Schmuck_v._United_States isPrimaryTopicOf Schmuck_v._United_States.
• Schmuck_v._United_States name "Wayne T. Schmuck v. United States".