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UNITED STATES v. MUZII

No. 848, Docket 81-1443.

676 F.2d 919 (1982)

UNITED STATES of America, Appellee, v. John MUZII, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 19, 1982.

Attorney(s) appearing for the Case

Irving Anolik, New York City, for defendant-appellant.

John B. Latella, Asst. U. S. Atty., E. D. N. Y., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., E. D. N. Y., Vivian Shevitz, Asst. U. S. Atty., E. D. N. Y., Brooklyn, N. Y., of counsel), for appellee.

Before KAUFMAN and VAN GRAAFEILAND, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The reach of the criminal law has long been limited by the principle that no one is punishable for his thoughts.1 Accordingly, not only has a criminal state of mind, or mens rea, been a general condition of penal liability,2 but the imposition of the criminal sanction has required a guilty act, or actus reus, by the person sought to be held liable. This act must be contemporaneous...

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