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Criminal Law Keyed to Kaplan
United States v. Cueto
Citation:151 F.3d 620 (1998)
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Thomas Venezia owned B & H Vending/Act Music Corporation, a vending and amusement business, that also was involved in illegal gambling operations. Venezia hired Amiel Cueto (defendant), an attorney, to represent him in any criminal charges for his participation in these illegal gambling operations. However, Cueto and Venezia’s relationship exceeded the professional attorney-client relationship and they entered into various financial transactions and business deals. During the course of the representation, Cueto allegedly filed various frivolous motions to impede the government’s grand jury investigation of Venezia. Cueto was charged with corruptly endeavoring to influence the due administration of justice in violation of 18 U.S.C. § 1503.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.