Carbo v. United States Case Brief

Facts of the Case

Defendants were involved in the business of professional boxing and fight promotion. Their technique for controlling champions and top contenders was through the use of economic and physical coercion. Defendants were convicted of extortion affecting commerce and conspiracy to extort in violation of the Hobbs Act, for the interstate transmission of threats and conspiracy to transmit and of conspiracy to commit an offense against the United States. Defendants appealed their conviction.

Question

“Does the Court have jurisdiction to review two of the consolidated cases under 28 U.S.C. § 1259(3)?Does Judge Martin T. Mitchell’s simultaneous service on the US Court of Military Commission Review (CMCR) and the US Air Force Court of Criminal Appeals (AFCCA) violate the Appointments Clause?Does Judge Mitchell’s service on the CMCR disqualify him from continuing to serve on the AFCCA?Did the US Court of Appeals for the Armed Forces err in holding Petitioner’s claims moot?”

CONCLUSION

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Case Information

Citation: 364 US 611 (1961)
Argued: Nov 16, 1960
Decided: Jan 9, 1961
Case Brief: 1961