United States v. William F. Adcock, 447 F.2d 1337 (2d Cir. 1971). · Go Syfert
United States v. William F. Adcock, 447 F.2d 1337 (2d Cir. 1971). Cases Citing This Book View Copy Cite
31 citation events across 7 distinct courts.
Strongest positive: United States v. Dalmiro Eduardo Campuzano and John Jario Rios (ca2, 1990-06-11)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 18 distinct citers.
discussed Cited as authority (rule) United States v. Dalmiro Eduardo Campuzano and John Jario Rios
2d Cir. · 1990 · confidence medium
In any event, although jury interrogatories are generally disfavored in criminal cases, see United States v. Adcock, 447 F.2d 1337, 1339 (2d Cir.), cert. denied, 404 U.S. 939 , 92 S.Ct. 278 , 30 L.Ed.2d 252 (1971), a trial court may use them when the information sought is relevant to the sentence to be imposed, see United States v. Stassi, 544 F.2d 579, 583-84 (2d Cir.1976), ce rt. denied, 430 U.S. 907 , 97 S.Ct. 1176 & 1177, 51 L.Ed.2d 582 (1977).
discussed Cited as authority (rule) Brian Ingber, Cross-Appellee v. Lee Enzor, Superintendent, Fci Danbury, Cross-Appellant
2d Cir. · 1988 · confidence medium
Given the strong policy against such verdicts, see United States v. Adcock, 447 F.2d 1337, 1339 (2d Cir.), cert. denied, 404 U.S. 939 , 92 S.Ct. 278 , 30 L.Ed.2d 252 (1971), we are disinclined to infer their existence from the circumstances.
discussed Cited as authority (rule) United States v. John Pforzheimer
2d Cir. · 1987 · confidence medium
In United States v. Adcock, 447 F.2d 1337, 1339 (2d Cir.) (per curiam) (citing United States v. Spock, 416 F.2d 165, 182-83 (1st Cir.1969)), cert. denied, 404 U.S. 939 , 92 S.Ct. 278 , 30 L.Ed.2d 252 (1971), we held that “[sjpecial verdicts as to a single count are improper and in and of themselves erroneous.” Since Adcock , however, our court has repeatedly implied that the use of jury interrogatories 1 in criminal trials is not per se impermissible, but rather is generally disfavored.
cited Cited as authority (rule) Ingber v. Enzor
S.D.N.Y. · 1987 · confidence medium
United States v. Ad-cock, 447 F.2d 1337, 1339 (2d Cir.), cert. denied, 404 U.S. 939 , 92 S.Ct. 278 , 30 L.Ed.2d 252 (1971); United States v. Wilson, 629 F.2d 439, 444 (6th Cir.1980).
discussed Cited as authority (rule) United States v. Eduardo Orozco-Prada, Humberto Orozco-Prada, Paul Forand and Mahlon Clark
2d Cir. · 1984 · confidence medium
While this circuit has indicated that special verdicts are generally not favored in criminal cases, see United States v. Adcock, 447 F.2d 1337, 1339 (2d Cir.) (per curiam), cert. denied, 404 U.S. 939 , 92 S.Ct. 278 , 30 L.Ed.2d 252 (1971); United States v. Ruggiero, supra, 726 F.2d at 925-28 (Newman, J., concurring in part and dissenting in part); cf. United States v. Gallishaw, 428 F.2d 760, 764-66 (2d Cir.1970), we have upheld special verdicts when the information sought is relevant to the sentence to be imposed.
discussed Cited as authority (rule) United States v. Benjamin Ruggiero, Nicholas Santora, Anthony Rabito, and Antonio Tomasulo (2×)
2d Cir. · 1984 · confidence medium
We expressed general disapproval in United States v. Adcock, 447 F.2d 1337, 1339 (2d Cir.) (per curiam), cert, denied, 404 U.S. 939 , 92 S.Ct. 278 , 30 L.Ed.2d 252 (1971), though we were there rejecting the prosecution’s effort to salvage an invalid conviction by faulting the defendant for failing to request interrogatories.
discussed Cited as authority (rule) United States v. Sam Goody, Inc., and Samuel Stolon, in Re United States of America (2×)
2d Cir. · 1982 · confidence medium
United States v. Sperling, 506 F.2d 1323, 1342-43 (2d Cir. 1974), cert. denied, 420 U.S. 962 , 95 S.Ct. 1351 , 43 L.Ed.2d 439 (1975); United States v. Gaines, 460 F.2d 176, 179-80 (2d Cir.), cert. denied, 409 U.S. 883 , 93 S.Ct. 172 , 34 L.Ed.2d 139 (1972); United States v. Ferrara, 451 F.2d 91, 97 (2d Cir. 1971), cert. denied, 405 U.S. 1032 , 92 S.Ct. 1291 , 31 L.Ed.2d 489 (1972); United States v. Adcock, 447 F.2d 1337, 1339 (2d Cir.), cert. denied, 404 U.S. 939 , 92 S.Ct. 278 , 30 L.Ed.2d 252 (1971); United States v. Febre, 425 F.2d 107, 113 (2d Cir.), cert. denied, 400 U.S. 849 , 91 S.Ct. 4…
discussed Cited as authority (rule) United States v. Joseph M. Margiotta
2d Cir. · 1981 · confidence medium
Though special verdicts in criminal cases are generally disapproved, United States v. Adcock, 447 F.2d 1337, 1339 (2d Cir.) (per curiam), cert. denied, 404 U.S. 939 , 92 S.Ct. 278 , 30 L.Ed.2d 252 (1971), the usual prohibition is for the benefit of the defendant, United States v. Spock, 416 F.2d 165, 180-83 (1st Cir. 1969).
discussed Cited as authority (rule) United States v. Dale Murray, Paul Leahey, Ronald Vanderbosch, Lawrence Tower, and Linton Sherlock
2d Cir. · 1980 · confidence medium
While we have indicated that special verdicts are improper in a criminal case, see United States v. Adcock, 447 F.2d 1337, 1339 (2d Cir.) (per curiam), cert. denied, 404 U.S. 939 , 92 S.Ct. 278 , 30 L.Ed.2d 252 (1971); cf. United States v. Gallishaw, 428 F.2d 760, 764-66 (2d Cir. 1970), we have recognized that it is not error to obtain special findings from the jury where, as here, the information sought is relevant to the sentence to be imposed.
discussed Cited as authority (rule) State v. Simon (2×)
N.J. · 1979 · confidence medium
See, e.g., United States v. Bosch, 505 F. 2d 78 (5 Cir.1974); United States v. Adcock, 447 F. 2d 1337, 1339 (2 Cir.), cert. den. 404 U.S. 939 , 92 S.Ct. 278 , 30 L.Ed. 2d 252 (1971); United States v. James, 432 F. 2d 303, 307-308 (5 Cir.1970), cert. den. 403 U.S. 906 , 91 S.Ct. 2214 , 29 L.Ed. 2d 682 (1971); State v. Bock, 80 Idaho 296, 310 , 328 P. 2d 1065, 1074 (Sup. Ct. 1958); State v. Osburn, 211 Kan. 248 , 505 P. 2d 742 (Sup. Ct. 1973); State v. Heald, 307 A. 2d 188, 192-193 (Me.
discussed Cited as authority (rule) United States v. John R. Moynagh, Jr.
1st Cir. · 1977 · confidence medium
See also United States v. Driscoll, 449 F.2d 894, 898 (1st Cir. 1971), cert. denied, 405 U.S. 920 , 92 S.Ct. 948 , 30 L.Ed.2d 790 (1972); United States v. Adcock, 447 F.2d 1337, 1339 (2d Cir.), cert. denied, 404 U.S. 939 , 92 S.Ct. 278 , 30 L.Ed.2d 252 (1971).
cited Cited as authority (rule) United States v. Joseph Stassi, A/K/A Joe Rogers
2d Cir. · 1976 · confidence medium
United States v. Adcock, 447 F.2d 1337, 1339 (2d Cir.), cert. denied, 404 U.S. 939 , 92 S.Ct. 278 , 30 L.Ed.2d 252 (1971).
discussed Cited as authority (rule) Watts v. United States (2×)
D.C. · 1976 · confidence medium
See, e. g., United States v. McCracken, 488 F.2d 406, 419 (5th Cir. 1974); United States v. Adcock, 447 F.2d 1337, 1339 (2d Cir.), cert. denied, 404 U.S. 939 , 92 S.Ct. 278 , 30 L.Ed.2d 252 (1971); United States v. James, 432 F.2d 303, 307 (5th Cir. 1970), cert. denied, 403 U.S. 906 , 91 S. Ct. 2214 , 29 L.Ed.2d 682 (1971); United States v. Spock, 416 F.2d 165, 180-85 (1st Cir. 1969); Gray v. United States, 174 F. 2d 919, 923-24 (8th Cir.), cert. denied, 338 U.S. 848 , 70 S.Ct. 90 , 94 L.Ed. 519 (1949).
discussed Cited as authority (rule) United States v. Herbert Sperling
2d Cir. · 1975 · confidence medium
Since they were not prejudiced by a “spill over” of the evidence from the submission of the conspiracy count to the jury, United States v. Gaines, 460 F.2d 177 , 178-80 (2 Cir. 1972); United States v. Adcock, 447 F.2d 1337, 1339 (2 Cir.), cert. denied, 404 U.S. 939 (1971), we hold that the valid convictions on the substantive count (Count Eleven) provide an adequate basis upon which to affirm the judgments of conviction of both Del Busto and Garcia on that count.
discussed Cited as authority (rule) Vincent Francis McGee Jr. v. United States (2×)
2d Cir. · 1972 · confidence medium
United States v. Ferrara, 451 F.2d 91, 97 (2 Cir. 1971), cert. denied, 405 U.S. 1032 (1972); United States v. Adcock, 447 F.2d 1337, 1339 (2 Cir.), cert. denied, 404 U.S. 939 (1971); United States v. Coppola, 424 F.2d 991, 995 (2 Cir.), cert. denied, 399 U.S. 928 (1970); United States ex rel.
discussed Cited "see" United States v. Fred Ferrara and Arthur Russell
2d Cir. · 1971 · signal: see · confidence high
See United States v. Adcock, 447 F.2d 1337 (2d Cir. Aug. 16, 1971); United States v. Febre, 425 F.2d 107, 113 (2d Cir.), cert. denied, 400 U.S. 849 , 91 S.Ct. 40 , 27 L.Ed.2d 87 (1970) ; United States ex rel.
discussed Cited "see, e.g." United States v. Donofrio
unknown court · 1993 · signal: see, e.g. · confidence medium
See, e.g., United States v. Adcock, 447 F.2d 1337, 1339 (2d Cir.) (“Special verdicts as to a single count are improper and in and of themselves erroneous.”), cert. denied, 404 U.S. 939 , 92 S.Ct. 278 , 30 L.Ed.2d 252 (1971); United States v. Spock, 416 F.2d 165, 183 (1st Cir.1969); see also United States v. Todd, 920 F.2d 399, 407-08 (6th Cir.1990); United States v. Pforzheimer, 826 F.2d 200, 205-06 (2d Cir.1987); United States v. Gallishaw, 428 F.2d 760, 764-65 (2d Cir.1970) (dictum); cf. United States v. Murray, 618 F.2d 892 , 895 n. 3 (2d Cir.1980) (upholding use of special verdict to a…
discussed Cited "see, e.g." UNITED STATES of America, Appellee, v. Anthony M. NATELLI and Joseph Scansaroli, Defendants-Appellants (2×)
2d Cir. · 1976 · signal: see, e.g. · confidence medium
See, e. g., United States v. Adcock, 447 F.2d 1337, 1338-39 (2 Cir.), cert. denied, 404 U.S. 939 , 92 S.Ct. 278 , 30 L.Ed.2d 252 (1971); 2 United States v. Pollak, 474 F.2d 828 (2 Cir. 1973).
UNITED STATES of America, Appellee,
v.
William F. ADCOCK, Appellant
977, Docket 71-1289.
Court of Appeals for the Second Circuit.
Nov 9, 1971.
447 F.2d 1337
Maurice M. McDermott, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y„ of counsel), for appellee., Alan Scribner, New York City, for appellant.
Friendly, Hays, Oakes, Per Curiam.
Cited by 30 opinions  |  Published
PER CURIAM:

Appellant attacks his conviction after a guilty verdict on Counts, I, II and V of an indictment charging that he had made and caused to be made false statements to the Immigration and Naturalization Service in violation of 18 U. S.C. § 1001 and the aiding, abetting or causing section, 18 U.S.C. § 2. He complains that after the jury deliberated one evening and resumed deliberation the next morning, for a total of four and one-half hours, the trial judge gave a modified “Allen” charge. Allen v. United States, 164 U.S. 492, 501-502, 17 S.Ct. 154, 41 L.Ed. 528 (1893). The trial court, however, scrupulously followed the rule in this circuit, by emphasizing that no juror was expected to yield a conscientious conviction. United States v. Bowles, 428 F.2d 592 (2d Cir.), cert. denied, 400 U.S. 928, 91 S.Ct. 193, 27 L.Ed.2d 188 (1970); United States v. Barash, 412 F.2d 26, 32 (2d Cir.), cert. denied, 396 U.S. 832, 90 S.Ct. 86, 24 L. Ed.2d 82 (1969). We are satisfied that the judge below conscientiously phrased the charge so that no juror felt coerced to abandon his personal conviction.

Counts II and V on which appellant was convicted were based on his failure to sign as preparer an I.N.S. form seeking an extension of stay by an alien, when he in fact prepared the form for the alien. The Government’s rather far-fetched argument is that by preparing the form but failing to sign it as preparer, appellant had “caused” a false statement to be made by the applicant who merely signed as such. Nowhere does the form contain any assertion by the applicant that he himself prepared the form. Even the Government admits that the “failure to complete the ‘preparer’s’ box strictly speaking did not result in a direct false statement by him to I.N.S. but rather resulted in one unwittingly made by the applicant, to the effect that she alone prepared the document” (emphasis supplied). (Appellee’s Brief, p. 10.) The Government points to no case which would support this tenuous position, which would doubtless put behind bars thousands of people who have assisted aliens having trouble with the I.N.S. forms or the English language. We believe a “statement” is required to create an offense under 18 U. S.C. § 1001 and that one has not been made here. See United States v. McCue, 301 F.2d 452, 454 (2d Cir. 1962); United States v. Stark, 131 F.Supp. 190, 205 (D.Md.1955). See also United States v. Diogo, 320 F.2d 898, 905 (2d Cir. 1963).

Nor do we agree with the Government’s argument that the judgment on Count II should be affirmed because it contained three assignments of falsity and defendant did not request a special verdict. See United States v.[*1339] Goldstein, 168 F.2d 666, 671 (2d Cir. 1948); United States v. Mascuch, 111 F.2d 602 (2d Cir.), cert. denied, 311 U.S. 650, 61 S.Ct. 14, 85 L.Ed. 416 (1940). Special verdicts as to a single count are improper and in and of themselves erroneous. United States v. Spock, 416 F.2d 165, 182-183 (1st Cir. 1969); Gray v. United States, 174 F.2d 919 (8th Cir.), cert. denied, 338 U.S. 848, 70 S.Ct. 90, 94 L.Ed. 519 (1949). No provision is made for them in the Federal Rules of Criminal Procedure. See United States v. Noble, 155 F.2d 315, 317 n. 4 (3rd Cir. 1946); see generally 2 Wright, Federal Practice and Procedure § 512, pp. 364-365 (1969). Thus, the verdict on Count II as well as Count V must fall. Street v. New York, 394 U.S. 576, 585-588, 89 S.Ct. 1354, 22 L.Ed.2d 572 (1969) ; Yates v. United States, 354 U.S. 298, 312, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957); Stromberg v. California, 283 U.S. 359, 51 S.Ct. 532, 75 L.Ed. 1117 (1931).

Because there was a valid conviction on Count I for making a false statement in his own Notice of Appearance for an applicant — the only complaint being on the Allen charge — and because the appellant received concurrent sentences on all three counts, we affirm under United States v. Febre, 425 F.2d 107, 113 (2d Cir.), cert. denied, 400 U.S. 849, 91 S.Ct. 40, 27 L.Ed.2d 87 (1970); United States ex rel. Weems v. Follette, 414 F.2d 417, 419 (2d Cir. 1969), cert. denied, 397 U.S. 950, 90 S.Ct. 973, 25 L.Ed.2d 131 (1970) .

We might remand for a new trial on Count I if we felt that there was a “spill over” of the evidence that affected the Count I conviction. * See Hays, J., dissenting in United States v. Febre, supra, 425 F.2d at 114. Or we might remand for resentencing if we felt that the convictions on the reversed counts may have affected the sentences imposed on the remaining counts. See United States v. Hines, 256 F.2d 561 (2d Cir. 1958). We are aware of the admonition in Benton v. Maryland, 395 U.S. 784, 789, 89 S.Ct. 2056, 23 L.Ed.2d 707 (1969), regarding the concurrent sentence doctrine. But here, as in Febre, supra, and Weems, supra, we conclude that “no undesirable collateral consequences” would ensue from its application. Therefore, we affirm the conviction on Count I of the in- . dictment and reverse those on Counts II and V.

*

In this case we would doubtless remand on Count II also for reconsideration of the allegations in Count II that the defendant had made or caused to be made false statements about one applicant’s employment and source of income.