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  • Leano v. United States
    457 F2d 1208
    Gil M. Leano, in pro. per. William D. Keller, U. S. Atty., David R. Nissen, Chief, Crim. Div., Tom G. Kontos, Asst. U. S. Atty., Los Angeles, Cal., for respondent-appellee. Before ELY and KILKENNY...

  • United States v. Dowdy
    455 F2d 1253
    The defendant-appellant was convicted by a jury of transporting a forged check in commerce, knowing the same to have been forged, in violation of 18 U.S.C. Sec. 2314. This appeal challenges the volun...

  • United States v. Harris
    456 F2d 62
    Defendant Harris has taken a timely appeal from his conviction by a jury and resulting sentence imposed on a charge of possession of a firearm after having been convicted of a felony in violation of 1...

  • United States v. Andrews
    455 F2d 632
    Andrews appeals his conviction for having stolen certain produce being transported in interstate commerce (18 U.S.C. Sec. 659). It is here maintained that the prosecution's evidence was insufficient...

  • Carter v. E B Duggan M
    455 F2d 1156
    Carter filed his pro se complaint in the district court on September 20, 1971, asserting jurisdiction under Title 28, U.S.C., Section 1331, and under Title 28, U.S.C., Section 1343(3). He alleged tha...

  • Smith v. C Cupp
    457 F2d 1098
    In 1967, Dwight Loren Smith was convicted in the state of Oregon of second-degree murder and sentenced to a term in the Oregon State Penitentiary not to exceed twenty-five years. The conviction was a...

  • Marnin v. F Zampella
    456 F2d 1097
    This is an appeal from an order of the United States District Court for the District of New Jersey, dismissing a complaint brought under the Civil Rights Act, 42 U.S.C. Sec. 1983. Appellant's suit wa...

  • McCray v. State Of Maryland
    456 F2d 1
    Plaintiff, a Maryland prisoner, brought this action under 42 U.S.C. Sec. 1983 against John B. Rutherford, Clerk of the Baltimore City Court, alleging that Rutherford's negligence impeded the filing of...

  • United States v. Knox
    456 F2d 1024
    Carl Dean Knox was charged in separate indictments with having robbed a St. Louis bank and having attempted a second robbery of the same bank. The offenses alleged constitute separate violations of 1...

  • Almond v. Countryside Casualty Company
    455 F2d 503
    Appellant, Countryside Casualty Company, appeals from judgment rendered by Judge Harris, D. C., 329 F.Supp. 137, ordering that appellant is required to defend any action that may be brought against th...

  • Government Of Virgin Islands v. A Salem
    456 F2d 674
    This appeal from a conviction of assault in the third degree, 14 V.I.C. Sec. 297, on the person of Kamel Salem, and aggravated assault and battery, 14 V.I.C. Sec. 298, on the person of Zuhdi Salem, re...

  • Pendergrass v. W S Neil Recor
    456 F2d 469
    These appeals concern cases wherein the United States District Court for the Middle District of Tennessee (Nashville Division) has granted petitions for writs of habeas corpus on the basis of the Unit...

  • Ahern v. Board Of Education Of School District Of Grand Island
    456 F2d 399
    This suit was instituted in the United States District Court for the District of Nebraska. It has its genesis in a controversy between Frances Ahern, a school teacher, and the Board of Education of G...

  • Murray v. L Kunzig
    462 F2d 871
    On 20 May 1971 Mrs. Jeanne M. Murray, the appellee, received written notice from one W. H. Sanders, Acting Commissioner, Public Buildings Service, General Services Administration, that her employment ...

  • Moore v. J Beto
    458 F2d 386
    The single issue presented by this appeal is whether the State of Texas furnished the petitioner-appellant with such an ineffective counsel for his assistance as to deny his rights under the Sixth Ame...

  • United States v. Monaco
    456 F2d 254
    This is an appeal from a judgment of conviction for making a false statement as to a material fact in a proceeding relating to naturalization in violation of 18 U.S.C.A. Sec. 1015. Appellant, Monaco,...

  • United States v. Bird
    456 F2d 1023
    Bird appeals from a jury conviction of facilitating the transportation of illegally imported marihuana, knowing the same to have been illegally imported in violation of 21 U.S.C.A. Sec. 176a (1961). ...

  • United States v. E Gill
    455 F2d 1094
    This is an appeal from a conviction for transporting a stolen motor vehicle in interstate commerce. 18 U.S.C.A. Sec. 2312. Appellant was arrested in Louisiana in a 1964 Oldsmobile, which he admitted...

  • United States v. Pineda Espinoza
    455 F2d 498
    Pineda-Espinoza, convicted by a jury of possession of heroin in violation of 21 U.S.C. Sec. 174, appeals on the ground that the District Court erroneously refused to accept his plea of guilty to the o...

  • United States v. Perez
    457 F2d 555
    These cases present identical facts and identical issues. Each of the defendants (the parties will be referred to as in the court below) appeals from a conviction for escaping from the National Insti...

  • United States v. R Harary
    457 F2d 471
    We must decide whether under certain circumstances and upon timely motion, a defendant has the right to have a lesserincluded offense, although charged as a separate count in the indictment, withheld ...

  • Tafoya v. A Eyman
    455 F2d 1265
    Richard F. Tafoya appeals from an order of the district court denying a petition for a writ of habeas corpus by a state prisoner. On February 17, 1967, the Greyhound Bus Depot in Tucson, Arizona, wa...

  • United States v. R Randolph A C Waller 71 1231 Weathers 71 1232
    456 F2d 132
    This is a bank robbery case. Appellants, A. C. Waller and James Weathers, were arrested along with co-defendants Alphonso Randolph and Keith Johnson for the April 28, 1970 armed robbery of the Centur...

  • United States v. Kellogg
    456 F2d 196
    Kellogg was convicted of a violation of the Dyer Act, 18 U.S.C. Sec. 2312, after trial to a jury in the District of Kansas. He appeals, asserting multiple trial errors. Most of such contentions of e...

  • Thomas v. H Papp E
    457 F2d 792
    The appellant takes this appeal from the dismissal by the District Court of his original complaint filed under the provisions of Title 42 U.S.C. Sec. 1983. The appellant recited in the complaint that...

  • United States v. Theriseaud
    456 F2d 278
    Appellant was convicted of violating Title 21 U.S.C.A., Sec. 176a through the alleged importation of 53 pounds of marihuana into the United States from Mexico. The sole assignment of error is that th...

  • United States v. Wentz
    456 F2d 634
    William H. McAdam, Jr., of McAdam & Neil, San Diego, Cal., for Gary Lee Wentz. Harry D. Steward, U. S. Atty., Stephen G. Nelson, Acting Chief, Crim. Div., Phillip W. Johnson, Sp. Asst. U.S. Atty...

  • Garner v. Cities Service Tankers Corporation
    456 F2d 476
    Cities Service Tankers Corp. (Cities Service), owner of the SS BRADFORD ISLAND, appeals from a judgment holding that it is not entitled to indemnity from the Alabama Dry Dock & Shipbuilding Compa...

  • Lauchli v. United States
    405 US 965
    Petitioner brought this civil rights lawsuit pursuant to 42 U.S.C. § 1985 to recover damages from agents of the Alcohol, Tobacco, and Firearms Division of the Treasury Department. He alleged that...

  • United States v. Thomas
    459 F2d 1172
    This appeal involves questions of the admissibility of evidence, asserted plain error in the giving, or the failure to give, certain instructions to the jury, the application or retroactivity of Unite...

  • United States v. E Stanley
    455 F2d 644
    On Monday, October 19, 1970, agents of the Federal Bureau of Investigation, acting on information supplied by an informant, went to the home of Mr. and Mrs. Case in Norfolk, Virginia. The premises we...

  • United States v. P Robinson
    459 F2d 1164
    Appellant, convicted of first degree felony murder, second degree murder, and armed robbery, seeks reversal of these convictions on three grounds: the admission during trial of a pre-trial statement b...

  • United States v. Callaway
    455 F2d 523
    Arthur Callaway appeals a conviction of willfully and knowingly possessing a firearm made in violation of Section 5822, Title 26, U.S.C., in violation of Section 5861(c), Title 26, U.S.C. Instead of...

  • United States v. Minor
    455 F2d 937
    The three defendant-appellants were tried in the District Court for the Eastern District of Tennessee on an information charging each with the violation of the Federal Juvenile Delinquency Act, 18 U.S...

  • Monger v. Florida
    405 US 958
    'I think it altogether too technical to refuse to give credence to notice of appeal filed ante to judgments or sentences being reduced to writing and placed in a minute or judgment book...

  • United States v. P Todd W
    463 F2d 302
    Appellant was convicted on a charge of robbery by fear, 22 D.C.Code Sec. 2901, and sentenced under the Federal Youth Corrections Act. He was identified as the man who entered McDonald's restaurant on...

  • United States v. Weaver
    458 F2d 825
    This is an appeal from a judgment on a conviction for unlawful possession of a narcotic drug (cocaine) in violation of 33 D.C.Code Sec. 402. Although the statute does not contain the term, the offens...

  • Reliance Electric Company v. Emerson Electric Company
    404 US 418
    Thomas P. Mulligan, Cleveland, Ohio, opinion of the Court. Section 16(b) of the Securities Exchange Act of 1934, 48 Stat. 896, 15 U.S.C. § 78p(b), provides, among other things, that a corporati...

  • Clay v. Black
    455 F2d 667
    This is an appeal from the District Court's denial of the appellant's application for a writ of habeas corpus. No evidentiary hearing was held but the District Judge had the benefit of the transcript...

  • United States v. Vasquez
    460 F2d 202
    Appellant was indicted, tried and convicted in a jury trial of violating 21 U. S.C. Sec. 174 [conspiracy to smuggle, sell and conceal narcotic drugs] on one indictment and for violations of 18 U.S.C. ...

  • United States v. Plunk
    456 F2d 1027
    Appellant appeals from conviction for possessing and operating a still, in violation of 26 U.S.C. Secs. 5601(a) (1) and 5601(a) (4) (1970). On appeal appellant presents only one issue, namely, wheth...

  • United States v. Mastrototrar
    455 F2d 802
    This is an appeal from a jury conviction for aiding and abetting in the transportation of three stolen United States Treasury bills from New York City to Baltimore, Maryland. Appellant was charged wi...

  • North City Area Wide Council Inc v. W Romney
    456 F2d 811
    The determination of this case depends, as we stated previously in 428 F.2d 754, 755 (1970), on the meaning of the requirements in the Demonstration Cities and Metropolitan Development Act of 1966 (th...

  • United States v. Morgan
    457 F2d 811
    The judgment of conviction in this case involving the smuggling and transporting of heroin into the United States is affirmed. The heroin was actually carried across the border from Mexico into the ...

  • United States v. G Sapio
    456 F2d 644
    Carmine G. De Sapio appeals from an order entered in the United States District Court for the Southern District of New York on December 13, 1971 by the Hon. Harold R. Tyler, United States District Jud...

  • Johnson v. L Wainwright
    456 F2d 1200
    Wilbur M. Johnson represented by privately retained counsel pled guilty in a Florida court to a charge of breaking and entering. He was sentenced to fifteen years imprisonment and no direct appeal wa...

  • United States v. Stein
    456 F2d 844
    This case raises a serious speedy trial question under the sixth amendment, in addition to questions regarding the statute of limitations and sufficiency of the evidence. Appellants Sidney Stein and ...

  • United States Diggs v. Commonwealth Of Pennsylvania
    457 F2d 933
    This case is an appeal from a decision in the District Court for the Eastern District of Pennsylvania denying appellant's petition for habeas corpus under 28 U.S.C. Sec. 2241 et seq. (1970). The deci...

  • United States v. Jercha
    458 F2d 1340
    Gary Jercha appeals from the judgment of the district court convicting him of refusing to comply with an order of the local Selective Service Board to submit to induction into the armed forces of the ...

  • In The Matter Of Patricia Rom Et Al
    459 F2d 15
    Each of the appellants has been subpoenaed to testify on behalf of the Government in the Trial of United States v. Ahmad, Crim. No. 14,950, a case pending in the Middle District of Pennsylvania. On J...

  • United States v. Schwartzenberger
    457 F2d 380
    Appellant, convicted of bank robbery, 18 U.S.C. Sec. 2113(a) 2 and 3, challenges the District Court's denial of change of venue sought by him on the ground of pretrial publicity. His challenge on due...

  • Wade v. United States
    457 F2d 335
    Appellant, Harold General Wade, challenges his conviction under 18 U.S.C. Sec. 1708, mail theft. He argues that the detention and arrest which preceded his conviction were unlawful; he further argues...

  • United States v. Humphreys
    457 F2d 242
    Defendant was indicated by a grand jury for violating both Title 50, U.S.C.App. Sec. 462 (Interference with the Selective Service Act of 1967) and Title 18 U.S.C. Sec. 1361 (Wilful destruction of Unit...

  • United States v. H Lippman
    455 F2d 1083
    Appellant was indicted, tried and convicted for theft of a credit card from the United States Mail in violation of 18 U.S.C. Sec. 1708. The sole issue before us is whether the trial court committed ...

  • United States v. L Goodwin
    455 F2d 710
    This is an appeal from convictions for transferring counterfeit notes with the intent that they be used as true and genuine (18 U.S.C. Sec. 473) under Count Three of the indictment, and for conspiracy...

  • Lindsay v. N Mitchell
    455 F2d 917
    Lindsay, a federal prisoner, appeals from the denial of his pro se petition for writ of habeas corpus against the Attorney General of the United States and the warden of the United States Penitentiary...

  • Fuentes v. United States
    455 F2d 910
    This appeal is taken from an order of the district court denying motions to vacate judgments and sentences filed pursuant to 28 U.S.C.A. Sec. 2255. We reverse and remand for further proceedings. Ap...

  • United States v. A Williams
    456 F2d 217
    Appeal from a conviction on two counts, one of possession of stolen mail consisting of a United States Treasury check in violation of 18 U.S.C. Sec. 1708, and the other of forging the endorsements of ...

  • Crowe v. Clifford R
    455 F2d 945
    This is an appeal from the United States District Court for the Eastern District of Tennessee, Southern Division. Appellant had filed a complaint alleging that his discharge from the United States Ar...

  • McDaniel v. Jones
    456 F2d 1254
    In two separate petitions for habeas corpus Grover Cleveland McDaniel has attacked a Texas state conviction for breaking and entering an automobile with intent to commit theft. In addition, he has al...

  • Fortia v. United States
    456 F2d 194
    This is an appeal from an order of the district court denying Fortia's motion to vacate sentence pursuant to 28 U.S.C.A. Sec. 2255. We vacate and remand. Fortia, acting pro se, was convicted on his...

  • Racanelli v. United Federation Of Postal Clerks
    456 F2d 94
    This is an appeal from an order of the United States District Court for the District of New Jersey granting summary judgment. The district court held that appellant's dismissal from employment as a p...

  • Golden v. C Henderson
    456 F2d 376
    Jerry Lee Golden, a Louisiana state prisoner, appeals from the district court's denial, after an evidentiary hearing, of his petition for the writ of habeas corpus. We are satisfied from examination ...

  • United States v. Goldberg
    455 F2d 479
    Appellant was charged with three counts of mail fraud in violation of 18 U.S.C. Sec. 1341. He was found guilty and convicted on all three counts. The indictment charged that appellant purchased airl...

  • United States v. Harris
    458 F2d 670
    Opper v. United States, 348 U.S. at 95, 75 S.Ct. at 165. Appellants Barfield, Chapman, and Scott also assert that the trial judge was in error when he permitted joinder of the substantive burglary ch...

  • United States v. N Carrion
    457 F2d 200
    Carrion and Guttersrud appeal from their convictions for smuggling marihuana by airplane from Mexico into the United States in violation of 21 U.S.C. Sec. 176a. On November 19, 1970, an untested inf...

  • United States v. Gast
    457 F2d 141
    This is an appeal from defendant Gast's conviction, without a jury, of refusing to report for alternative civilian work under his I-O classification. He has appealed. We affirm. Gast registered wi...

  • United States v. Goodman
    457 F2d 68
    Lawrence W. Steinberg (argued), Beverly Hills, Cal., for appellant. Gregory C. Glynn, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., Eric A. Nobles, Chief, Criminal Division, Los Angeles...

  • Papachristou v. City Of Jacksonville
    405 US 156
    This case involves eight defendants who were convicted in a Florida municipal court of violating a Jacksonville, Florida, vagrancy ordinance. Their convictions, entailing fines and jail sentences (som...

  • Strode v. State Of Mississippi
    456 F2d 1295
    This is an appeal from denial of a petition for writ of habeas corpus by a prisoner incarcerated pursuant to a state conviction. On August 12, 1971 the district court entered an order stating that it...

  • Swarb v. M Lennox
    405 US 191
    This appeal, heard as a companion to D. H. Overmyer Co. v. Frick Co., 405 U.S. 174, 92 S.Ct. 775, 31 L.Ed.2d 124, decided today, also purports to raise for the Court the issue of the due process valid...

  • Smith v. Florida
    405 US 172
    Florida's vagrancy statute includes in the term 'vagrants,' who can be criminally charged and convicted, 'persons wandering or strolling around from place to place without any lawful purpose or object...

  • United States v. Johnson
    455 F2d 932
    Johnson's probation was revoked because he informed his probation officer that he bought and attempted to sell illegal whiskey. He attacks the revocation on the ground that the probation officer fail...

  • United States v. Newman
    456 F2d 668
    This case is before the court on Petition For A Writ of Mandamus to compel the district court to vacate an order granting a new trial in a criminal case on the basis that this order was entered not fo...

  • Giglio v. United States
    405 US 150
    Petitioner was convicted of passing forged money orders and sentenced to five years' imprisonment. While appeal was pending in the Court of Appeals, defense counsel discovered new evidence indicating ...

  • United States v. Fernandez
    456 F2d 638
    Fred Fernandez appeals, on numerous grounds, from a judgment of the District Court for the Eastern District of New York sentencing him, after trial before Judge Costantino and a jury, to two concurren...

  • United States v. R Johnson
    459 F2d 1229
    Appellant's conviction of carrying a pistol without a license in violation of D.C.Code Sec. 22-3204 is attacked upon the sole ground that probable cause was not shown to have existed for his arrest (o...

  • United States v. Rogers
    455 F2d 407
    On January 14, 1971, the Grand Jury for the Northern District of Florida, at Gainesville, indicted these appellants for robbing the Bank of Hawthorn (Hawthorn, Florida), 18 U.S.C. Secs. 2113(a) and 21...

  • United States v. A Tierce
    455 F2d 511
    James A. Tierce was convicted of failing to report for induction into the armed forces of the United States [50 U.S.C. App. Sec. 462(a)]. On this appeal he urges as the sole ground for reversal of the...

  • Duncan v. Tennessee
    405 US 127
    We granted certiorari in this case, 404 U.S. 821, 92 S.Ct. 121, 30 L.Ed.2d 49, to consider questions seemingly presented under the constitutional guarantee against double jeopardy. After briefing and ...

  • United States v. M Katz
    455 F2d 496
    This appeal is from a judgment of conviction entered on a jury verdict finding Dr. Katz guilty on five counts of an indictment, two of which charged him with filing false statements in violation of 18...

  • United States v. Jones
    459 F2d 1225
    Appellant was convicted on two counts each of armed robbery and assault with a dangerous weapon (D.C.Code Secs. 22-3202, 2901, 502) arising out of a holdup of a man and a woman at gunpoint at about 10...

  • Parisi v. B Davidson
    405 US 34
    When a member of the armed forces has applied for a discharge as a conscientious objector and has exhausted all avenues of administrative relief, it is now settled that he may seek habeas corpus relie...

  • United States v. Hills
    455 F2d 504
    After a trial to the court, appellant was convicted of possessing stolen mail (18 U.S.C. Sec. 1708) and of wilfully breaking into a mail collection box (18 U.S.C. Sec. 1705). On this appeal, he conte...

  • Lindsey v. M Normet
    405 US 56
    This case presents the question of whether Oregon's judicial procedure for eviction of tenants after nonpayment of rent violates either the Equal Protection Clause or the Due Process Clause of the Fou...

  • Boykins v. Fairfield Board Of Education
    457 F2d 1091
    Once again we are faced with the school desegregation problems of the City of Fairfield, Alabama. On June 28, 1971, this Court remanded an appeal in this case to the district court for reconsideratio...

  • West v. W K Cunningham
    456 F2d 1264
    Invoking 42 U.S.C. Sec. 1983, Frank West, Jr., brought the present action to compel his release from the maximum security wing ("C" building) of the Virginia State Penitentiary. West alleged his conf...

  • Baker v. S Eisenstadt
    456 F2d 382
    Appellant, now in confinement under sentences for contempt of the Massachusetts Supreme Judicial Court, appeals the denial of his petition for habeas corpus and the dismissal of his complaint by the d...

  • United States v. C Shelvy R
    458 F2d 823
    Appellant was convicted of armed robbery, 22 D.C.Code Sec. 3202, and two counts of assault with a dangerous weapon, 22 D.C.Code Sec. 502. The pertinent facts reveal that at about 2:30 P. M. of Septem...

  • United States v. Greene
    456 F2d 256
    Greene appeals from his conviction for failure to report for induction into the Armed Forces. 50 U.S.C. App. Sec. 462. We affirm. Appellant argues that the trial court should have given him an oppo...

  • United States v. Barber H Robinson
    456 F2d 579
    This appeal challenges two orders of the United States District Court for the District of Delaware dated July 26, 1971. One order denied defendant's Motion For New Trial on the ground of newly-disco...

  • United States v. Bedwell
    456 F2d 448
    Earl Claudis Bedwell, a prison inmate at the federal penitentiary at Leavenworth, Kansas, was convicted of violating that part of 18 U.S.C. Sec. 1792 which makes it unlawful to convey into a penal ins...

  • United States v. Lufman
    457 F2d 165
    Defendant Eugene Lufman appeals from his conviction by a jury for violation of 18 U.S.C. App. Sec. 1202(a) which makes it unlawful for a convicted felon to possess a firearm. During the trial in the...

  • United States v. G Blair
    456 F2d 514
    This is an appeal from a judgment of conviction in the District Court for the Eastern District of Pennsylvania for causing altered securities to be transported in interstate commerce in violation of 1...

  • United States v. Boneparth J S
    456 F2d 497
    J. S. Boneparth & Sons, Inc. and Shepard Boneparth, sole owner of the company's common stock and its president, appeal from a judgment of conviction entered in the United States District Court for...

  • Baskerville v. S Nelson
    455 F2d 430
    This is an appeal by Baskerville from an order of the United States District Court for the Central District of California denying Baskerville's petition for a writ of habeas corpus. Appellant was ch...

  • Stuart v. E Craven
    456 F2d 913
    The critical issue is whether the appellant Stuart's Sixth Amendment right to a speedy trial has been infringed. In February, 1968, the District Attorney of Los Angeles County, California, filed a c...

  • United States v. F Levine
    457 F2d 1186
    These four appeals, heard on a consolidated record, concern judgments entered on guilty pleas. The four defendants-appellants and five others were charged in a four-count indictment with offenses rel...

  • Azar v. R Conley
    456 F2d 1382
    This appeal is taken from the dismissal of a civil rights action brought by a white middle class family pursuant to 42 U.S.C. Secs. 1983, 1985(3) and 1986. On May 10, 1970, eight members of the Azar...

  • Kelly v. Guinn
    456 F2d 100
    The district court held that elementary schools in the Clark County (Nevada) School District, which includes the City of Las Vegas, were racially segregated. The court ordered implementation of a so-...

  • Government Of Virgin Islands v. Lopez
    459 F2d 5
    The defendant-appellant Lopez was sentenced to ten years in prison by the District Court of the Virgin Islands Division of St. Thomas and St. John for violation of 19 V.I.C. Sec. 604(a) (1), which pro...

  • United States v. Ireland
    456 F2d 74
    Ireland was convicted on Count two of uttering and publishing a United States Treasury check with intent to defraud the United States in violation of 18 U.S.C.A. Sec. 495. He was sentenced to four ye...

  • Schilb v. P Kuebel
    404 US 357
    John Schilb, of Belleville, Illinois, was arrested on January 16, 1969, and charged (a) with leaving the scene of an automobile accident and (b) with obstructing traffic. In order to gain his liberty ...

  • United States v. P Shafer Iii
    455 F2d 1167
    The appellants were convicted in a jury trial of conspiracy to import to the United States from Turkey marijuana in the form of hashish in violation of 21 U.S.C. Sec. 176a. The convictions must be r...

  • United States v. Hampton
    458 F2d 29
    The appellant, James Henry Hampton, was convicted before a jury of a violation of 18 U.S.C.A. Sec. 2314 under an indictment which charged that he caused to be transported in interstate commerce from O...

  • United States v. R Wheeler
    459 F2d 1228
    Mr. Matthew W. Black, Jr., Washington, D. C. (appointed by this court) for appellant. Mr. John R. Dugan, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief w...

  • Boyd v. A L Dutton
    405 US 1
    The petitioner, Jack Boyd, pleaded guilty in a Georgia trial court to three counts of forging checks and to one count of possession of a forged check. He was not represented by a lawyer. The court sen...

  • United States v. Robins
    453 F2d 1374
    The appellant, Bob Robins, brings this direct appeal from a judgment of conviction entered against him, on two counts of violation of 18 U.S.C. Sec. 473, in the District Court for the Western District...

  • Rosengart v. R Laird
    405 US 908
    The Court vacates the judgment of the Court of Appeals and directs that the Court of Appeals consider the views of the United States presented in this case. Finding the suggestions of the United State...

  • Colombo v. New York
    405 US 9
    Despite a grant of immunity in response to the assertion of his Fifth Amendment privilege not to be a witness against himself, petitioner refused to answer questions put to him before a Kings County, ...

  • United States v. Carlton
    456 F2d 207
    Defendant was convicted in a jury trial of assaulting a federal correctional officer trainee. At the time of the offense, defendant was a federal prisoner serving a sentence for assault with intent t...

  • United States v. Brown
    456 F2d 569
    This appeal challenges an April 29, 1971, judgment of conviction and commitment based on a jury verdict finding defendant guilty of a one-count indictment charging the defendant with assaulting, resis...

  • United States v. Gargiso
    456 F2d 584
    After a non-jury trial before Judge Dooling in the Eastern District of New York, appellant was convicted on three counts charging him with possession of footwear, greater than $100 in value, stolen fr...

  • Sun Sales Corporation v. Block Land Inc
    456 F2d 857
    The appellant in this case, Pocono Investment Properties, has appealed from an order of the district court, 316 F.Supp. 379, dismissing their action with prejudice. Prior to the commencement of this...

  • Cash Ii v. Williams
    455 F2d 1227
    This is an appeal from a judgment of the District Court for the Middle District of Tennessee, denying habeas corpus relief sought by the appellant, a career soldier in the United States Army. On the w...

  • Northern v. United States
    455 F2d 427
    Clifford Northern appeals from a judgment convicting him of bank robbery with the use of a dangerous weapon [18 U.S.C. Sec. 2113(a), (d)]. We affirm. The crime was committed on June 20, 1969, when t...

  • United States v. Van West
    455 F2d 958
    Defendant was convicted of assaulting an officer of the Bureau of Customs while engaged in the performance of his official duties, a violation of 18 U.S.C. Sec. 111. Defendant, the pilot of a small t...

  • United States v. E Ruth
    461 F2d 1213
    This is on an appeal from a judgment of prison sentence on a conviction for robbery and assault with a dangerous weapon. The question arises from the recantation of the identification witness, the vi...

  • United States v. W McCrae
    459 F2d 1140
    Following trial by a jury, appellant was convicted on counts of assault with intent to kill while armed and carrying a pistol without a license. The charges emanated from a verbal altercation in the ...

  • Baxter v. Railway Express Agency Incorporated Rea
    455 F2d 693
    Plaintiffs-Appellants, Baxter, et al., had been employees of the defendant-appellee, Railway Express Agency, now known as REA Express (REA-Exp.), at Cleveland, Ohio. They were members of Local Lodge ...

  • United States v. Baxter
    453 F2d 1372
    This is an appeal from a revocation of probation, caused by a failure to report and for other reasons. The appeal is clearly without merit and we affirm under the provisions of our Local Rule 21. A...

  • In The Matter Of John Henry Moran
    456 F2d 1030
    This is an appeal from an order of the district court affirming Referee Lipkin's order denying appellant's discharge in bankruptcy. The Referee's refusal to discharge the debtor was based on the grou...

  • United States v. Bamberger 71 1114 Crapps Elam Young
    456 F2d 1119
    These are consolidated appeals from judgments of conviction entered on jury verdicts finding appellants guilty of bank robbery. Although many contentions are urged, and all have been carefully consid...

  • Johnson v. C Henderson
    455 F2d 983
    The State of Louisiana appeals from an order of the district court, 328 F.Supp. 704, granting relief to a Louisiana state prisoner on a writ of habeas corpus. We affirm. Alphonse Johnson was convic...

  • Vladovic v. Parker
    455 F2d 495
    Vladovic, a federal prisoner, sought habeas relief in the District Court. His Petition was denied in an Order filed by District Judge Boldt and in pertinent part, reading as follows: "Petitioner, a...

  • United States v. Allen
    455 F2d 509
    In a nonjury trial, Allen was convicted of having transported an automobile in interstate commerce, knowing the same to have been stolen. 18 U.S.C. Sec. 2312. In this appeal two claims of error are p...

  • Landman v. J J Clark
    456 F2d 215
    This is an appeal from the district court's denial of relief in the nature of mandamus, or alternatively monetary damages, to Robert Jewell Landman, who then was serving a sentence in the United State...

  • Hatt v. Commissiomer Of Internal Revenue
    457 F2d 499
    This appeal involves the consolidated federal income tax cases of Herbert G. Hatt, an individual taxpayer (Hatt), and The Albert Johann & Sons Company, Inc., a corporate taxpayer (Johann). Follow...

  • United States v. Wolf
    455 F2d 984
    Wolf has been convicted of refusing to be inducted into the armed forces. The refusal was done dramatically, but there is no indication he has been punished for his dramatics. He attacks the Select...

  • United States v. Lawton
    455 F2d 328
    Lawton, convicted for his refusal to submit to induction in violation of 50 U.S.C. App. Sec. 462, appeals from the judgment of conviction. We affirm. Lawton first contends that he was deprived of a...

  • Blaylock v. C J Fitzharris
    455 F2d 462
    Blaylock is a California state prisoner. Claiming that certain of his federal constitutional rights had been infringed, he filed a petition for habeas corpus in the District Court. The District Cour...

  • Brown v. Wisconsin State Department Of Public Welfare
    457 F2d 257
    This is an appeal by petitioner Frank J. Brown, Jr. from the denial of his petition for a writ of habeas corpus by the federal district court. The procedural background of this case will place the is...

  • United States v. De Clue
    454 F2d 1174
    De Clue pleaded guilty to the offense of bank robbery, 18 U.S.C. Sec. 2113(a). He appeals from the judgment of conviction, contending (1) that the sentence imposed by the district judge was unduly ha...

  • United States v. Moran
    456 F2d 1066
    Moran was convicted of having smuggled aliens into the United States, an offense proscribed by 8 U.S.C. Sec. 1324(a) (1). Driving his automobile from Mexico into the United States, he was requested t...

  • Dunn v. Brown and Root Inc
    455 F2d 717
    The question we must answer in this diversity case is whether, under Arkansas law, a contractor is liable for the injuries suffered by a subcontractor's employee, when it is alleged that the proximate...

  • United States v. Macdonald
    455 F2d 1259
    This is a consolidated appeal involving three defendants, MacDonald, Kelley and Trott, who were convicted in a jury trial of violating and conspiring to violate 26 U.S.C. Sec. 4705(a) by dealing in co...

  • McDonnell v. United States
    455 F2d 91
    This is an appeal from a judgment of conviction of Robert McDonnell under an indictment charging him with breaking and entering the Farmers State Bank of Mellette, South Dakota, with intent to commit ...

  • United States v. Mills
    456 F2d 1111
    These appeals are sequels to perjury and conspiracy to commit perjury trials in the United States District Court for the Western District of Tennessee, in Jackson, Tennessee. The perjury charges on w...

  • United States v. Magness
    456 F2d 976
    Leslie V. Magness appeals from his conviction, after trial without a jury, of concealing Wayland Jean Ballard in order to prevent his apprehension, knowing that a warrant had been issued for Ballard's...

  • United States Taylor H 5883 v. T Rundle T
    456 F2d 1245
    Defendant (Appellee) pled guilty in a State Trial Court of Pennsylvania to charges of aggravated robbery and related offenses. He was sentenced to prison. He pursued his post conviction remedies th...

  • United States v. J Judice W R
    457 F2d 414
    On this appeal from judgments of conviction and sentence imposed following jury verdicts of guilty returned in their joint trial for violations of Title 26, U.S.C., Section 5861, receiving or possessi...

  • United States v. Ginn
    455 F2d 980
    Convicted on two counts of passing counterfeit twenty dollar bills in the purchase of two television sets, defendant contends that the testimony of the man who sold the television sets should have bee...

  • Arrastia v. United States
    455 F2d 736
    Appellant, represented by privately retained counsel, entered pleas of not guilty to three separate counts of an indictment which charged in two counts violations of 26 U.S.C. Sec. 4704(a) and in the ...

  • United States v. Miller
    455 F2d 899
    This is an obscenity case tried by the court without a jury. Special findings of fact were waived. Only the defendant Marvin Miller appealed. As to Covina Publishing Inc., this panel has made an or...

  • United States v. Parks
    455 F2d 792
    Defendant, Ralph Parks, appeals from his conviction after verdict of guilty by a jury of knowingly moving interstate certain cattle which were not accompanied by a prescribed certificate required by f...

  • Baker v. R Sard J W Baker
    486 F2d 415
    These parole revocation cases are back on appeal after remand to the District Court for the taking of evidence and the making of factual findings as to certain issues on appeal. The findings of the D...

  • United States v. Novak
    455 F2d 921
    On May 6, 1970, a jury convicted Leonard Novak of armed bank robbery. At trial, Novak was identified by three eye witnesses as the person who robbed the bank in question on February 10, 1967. His co...

  • United States v. L Brown
    455 F2d 1201
    William L. Osterhoudt, of Cooper, White & Cooper, San Francisco, Cal., for Linda L. Brown. Steven M. Kipperman, of Silber & Kipperman, San Francisco, Cal., for Jerry Thompson Payne. James ...

  • United States v. M Medina
    455 F2d 461
    This is an appeal from a conviction of bank robbery under 18 U.S.C. Sec. 2113 in which it is alleged that appellant's Fifth and Sixth Amendment rights were violated by the pre-trial use of photographi...

  • Andrews v. Chemical Carriers Inc 71 1008 Chemical Transporter Inc 71 1009
    457 F2d 636
    This is an appeal from a decision and order of the District Court for the District of Delaware (sitting in admiralty) requiring Chemical Carriers, Inc. and Chemical Transporter, Inc. to pay damages in...

  • United States v. Roberts
    455 F2d 1232
    This is an appeal from a judgment of conviction for refusal to be inducted, a violation of 50 U.S.C. App. Sec. 462. We affirm. The following facts, stated first in summary fashion constitute the fr...

  • United States v. P Calandra
    455 F2d 750
    Appellee Calandra has moved to dismiss the Government's appeal for lack of jurisdiction. The appeal had been taken from an order of the District Court, 332 F.Supp. 737, granting Calandra's pre-indict...

  • Dennis v. California Adult Authority
    456 F2d 1240
    Appellant seeks release from state custody through habeas corpus. Convicted of robbery, he was later placed on parole. Parole was then revoked. As grounds for his release, appellant contends that t...

  • United States v. Long
    455 F2d 962
    Appellant was tried and found guilty of transporting marihuana in violation of 21 U.S.C. Sec. 176a. We affirm. Appellant objects to the admission of various conversations between himself and a gove...

  • United States v. Hendricks
    456 F2d 167
    Hendricks was charged with nine counts of possession and sale of heroin. It was alleged that, on three separate occasions in October and November 1969, Hendricks received, concealed, and sold heroin ...

  • United States v. Coleman
    453 F2d 1374
    The judgment of conviction in this selective service case is affirmed. At issue is the failure to exhaust an administrative remedy: that is the taking of an appeal on the classification. The tests...

  • Small v. State Of Arizona A Eyman
    455 F2d 456
    This appeal is from an order denying a petition for a writ of habeas corpus to an Arizona prisoner serving a term of from twelve years to fifteen years for robbery. The petitioner alleged that the gu...

  • Pfizer Inc v. W Lord
    456 F2d 545
    Robert Morgan, Atty. Gen., Jean A. Benoy, Deputy Atty. Gen., and Louis W. Payne, Jr., Associate Atty., State of North Carolina, Raleigh, N. C., for respondent, State of North Carolina. Gibson, Dunn ...

  • Pfizer Inc v. W Lord
    456 F2d 532
    Robert Morgan, Atty. Gen., Jean A. Benoy, Deputy Atty. Gen., and Louis W. Payne, Jr., Associate Atty., State of N. C., Raleigh, N. C., for respondent, North Carolina. Gibson, Dunn & Crutcher, Lo...

  • United States Roth v. L Zelker
    455 F2d 1105
    This is an appeal from an order of the United States District Court for the Southern District of New York, denying relator's petition for a writ of habeas corpus. We affirm. The petitioner-appella...

  • United States v. E Allard
    458 F2d 1136
    On this appeal we review a conviction on one count of an indictment that charged the appellant, Allard, with causing the transportation of certain securities from New Jersey to New York knowing that t...

  • United States v. Foerster
    455 F2d 981
    Appellant appeals from his conviction of violating 21 U.S.C. Sec. 176a, relating to transporting marihuana, and of conspiracy to violate the same section. We affirm. Appellant contends that the mar...

  • United States v. A Melnick
    458 F2d 909
    This appeal challenges a final May 11, 1971, district court order dismissing a January 28, 1971, indictment charging in four counts possession and sale of narcotic drugs, in violation of 21 U.S.C. Sec...

  • Morgan v. Rhodes
    456 F2d 608
    In this case certain students at Kent State University, including officers of the Student Association, and other student organizations, seek broad injunctive relief against the Governor of Ohio and th...

  • United States v. Ramirez Aguilar
    455 F2d 486
    Angel Ramirez-Aguilar appeals his conviction, following a nonjury trial, for being found in the United States after having been previously deported, in violation of 8 U.S.C. Sec. 1326. We affirm. A...

  • United States v. Meador
    456 F2d 197
    James Henry Meador, Jr., pro se, and Thomas H. Melton, Denver, Colo., for defendant-appellant. Stephen K. Lester, Asst. U. S. Atty., for plaintiff-appellee on the brief, Glen S. Kelly, Asst. U. S. A...

  • United States v. Hamilton
    456 F2d 171
    On February 23, 1971, the appellant was convicted on a one count violation of 18 U.S.C., Sec. 2423, the White Slave Traffic Act, and from this conviction he appeals. The evidence here shows that the...

  • Anderson v. Harris
    455 F2d 703
    James A. McIntosh, Salt Lake City, Utah, for plaintiffs-appellants. James L. Applegate, Hirst, Applegate & Dray, Cheyenne, Wyo., for defendants-appellees, and Byron Hirst. Before LEWIS, Chief ...

  • Henry Beck Company v. Ross Island Sand and Gravel Co
    456 F2d 316
    This damage suit for breach of contract was tried to the court without a jury. It resulted in a judgment for defendant-appellee, hereafter Ross Island. The appellant (hereafter Beck), raises the fo...

  • United States v. Archer
    455 F2d 193
    In a trial to the court Danny Craig Archer was found guilty of a violation of the Selective Service Act of 1967. 50 App. U.S.C. Sec. 462(a). The specific charge was that "* * * from on or about th...

  • United States v. O Humphrey
    456 F2d 683
    Appellant Humphrey was convicted on both counts of a two-count indictment of violating narcotic laws. The single assignment of error on this appeal is that the district court erred in not requiring ...

  • United States v. McCreary
    455 F2d 647
    Appellant McCreary has appealed from his conviction in the United States District Court for the Eastern District of Kentucky, on an indictment charging him with wilfully and knowingly possessing a fir...

  • United States v. J Williams
    455 F2d 973
    A jury convicted Melvin J. Williams under an indictment which read as follows: "Count 1 "That on or about April 30, 1971, at New Orleans, Louisiana, in the New Orleans Division of the Eastern Distr...

  • United States v. Villafana
    455 F2d 478
    Following a plea of not guilty and trial in the District Court, Gonzalo Villafana was convicted on a one-count indictment alleging sale of 1.81 grams of cocaine and sentenced to imprisonment for five ...

  • United States v. C Fisher
    455 F2d 1101
    Appellant Michael C. Fisher appeals from a judgment of conviction for armed bank robbery in violation of 18 U.S.C. Sec. 2113(a), (d) and for conspiracy to commit the robbery, 18 U.S.C. Sec. 371. He w...

  • Government Of Virgin Islands v. St Ange
    458 F2d 981
    Appellant urges that a judgment of conviction of rape in the first degree, 14 V.I.C. Sec. 1701(3), entered upon return of a jury's verdict, should be reversed because there was no competent corroborat...

  • United States v. Burkhart
    458 F2d 201
    This is an appeal from a conviction in a criminal prosecution in which the defendant was charged with interstate transportation of a stolen motor vehicle, contrary to the so-called Dyer Act, 18 U.S.C....

  • Coursey v. J Beto
    455 F2d 474
    Petitioner, William Louis Coursey, a prisoner of the State of Texas, appeals from the district court's denial of his application for habeas corpus. We affirm. On the morning of May 4, 1964, a partn...

  • Chambers v. Mississippi A785
    405 US 1205
    On January 31, 1972, counsel for Leon Chambers, petitioner in No. 71—5908, filed with me, as Circuit Justice for the States constituting the Fifth Circuit, an application for bail pending consi...

  • United States v. Lofty
    455 F2d 506
    This is an appeal from a conviction for receiving a stolen motor vehicle and stolen goods. The stolen goods consisted of a truck trailer that apparently was coupled with the truck tractor when both w...

  • United States v. Francis
    457 F2d 553
    This is a direct appeal from a conviction for failing to report for induction in violation of 50 U.S.C. App. Sec. 462(a). On the expiration date of his II-S deferment, the appellant requested a I-S(...

  • United States v. Hamilton
    455 F2d 1268
    In August of 1970, a two count indictment was returned charging the appellant with transporting in interstate commerce two falsely made and forged Travelers Express money orders, knowing the same to h...

  • United States v. J Bishop
    455 F2d 612
    Before ELY and WRIGHT, Circuit Judges, and POWELL, District Judge. This appeal is taken from conviction on three counts of wilfully making and subscribing, under penalties of perjury, false income t...

  • United States v. Brenneman
    455 F2d 809
    Gary Lee Hershberger, William Charles Holly, and appellant, Donald R. Brenneman, were charged in a four count indictment with manufacturing and selling dl amphetamine sulphate and conspiring to violat...

  • United States v. Day
    455 F2d 454
    In this search and seizure case, the Government is appealing from an order of the district court granting defendant's motion to suppress evidence obtained by a search of defendant's automobile, 331 F....

  • United States v. Guy
    456 F2d 1157
    Ronald M. Sokol, The Legal Aid & Defender Society of Kansas City, Kansas City, Mo., for Earl Guy. Thomas L. Duty, St. Joseph, Mo., for Eugene Peters. Patrick G. Farnand, Minneapolis, Minn., fo...

  • Sanders v. United States
    455 F2d 863
    The first count of an information in the District Court for the Eastern District of Oklahoma charged that "On or about October 25, 1968, in Muskogee County, in the Eastern District of Oklahoma, Kenne...

  • United States v. Miller
    455 F2d 358
    Appellant, Robert Carl Miller, appeals from a judgment of conviction for violation of 50 App.U.S.C. Sec. 462. The sole defense tendered by the appellant is that the local board committed procedural e...

  • United States v. Doe
    455 F2d 1270
    Daniel Ellsberg, a defendant in a pending criminal prosecution initiated by an indictment in the Central District of California, seeks a protective order barring a grand jury sitting in the District o...

  • United States H 6127 v. E Russell
    455 F2d 464
    The habeas corpus petitioner, Brown, was tried for rape and sodomy in Philadelphia in 1966. A jury convicted him, and on January 19, 1967, a sentence of five to seventeen years was imposed. Direct a...

  • Robinson v. Warden Maryland House Of Correction
    455 F2d 1172
    Cecil H. Robinson challenges the constitutionality of Maryland's sentence review act because it allows the reviewing panel to increase a prisoner's sentence. He contends that the increased sentence i...

  • Government Of Virgin Islands v. Malone
    457 F2d 548
    The jury below found appellant to be one of three men who abducted and assaulted a young woman and convicted appellant of rape, kidnapping and grand larceny. Appellant urges two main points for rever...

  • United States v. Caldes M
    457 F2d 74
    George Kaufmann (argued), Washington, D. C., Michael E. Benchoff, Phoenix, Ariz., for defendants-appellants. Charles C. Ruff, Dept. of Justice, Washington, D. C. (argued), Richard K. Burke, U. S. A...

  • United States v. Thomas
    455 F2d 320
    Defendants appeal from convictions and sentences after jury verdicts of guilty on a single count charging each with violating 18 U.S.C. Sec. 2114 (1970), by armed robbery of a post office at Alledonia...

  • United States v. Halitzer
    455 F2d 219
    This is an appeal from a judgment of the United States District Court for the Eastern District of New York, John F. Dooling, Jr., Judge, entered August 23, 1971, denying appellant's petition under 28 ...

  • Hyde Construction Company v. Koehring Company S Dunn
    455 F2d 337
    This is an interlocutory appeal and cross-appeal allowed under 28 U.S.C.A. Sec. 1292(b) to settle a discovery problem which lies at the heart of a pending controversy. It is indeed that rare case whe...

  • United States v. Russell
    453 F2d 1379
    The judgment of conviction is affirmed in this judge-tried criminal case. The defendant committed the act involved in the indictment. The question was on his sanity measured by Wade v. United State...

  • Evans v. R Swenson
    455 F2d 291
    Herein Judge Webster applied the applicable federal law, determined that the warnings given appellant by Meyers satisfied the requirements of Miranda, that appellant's subsequent incriminating stateme...

  • United States v. R Shewfelt
    455 F2d 836
    James G. Ehlers (argued), Oscar F. Irwin, of Hillyer & Irwin, San Diego, Cal., for defendants-appellants. James W. Branningan, Dept. of Justice (argued), Harry Steward, U. S. Atty., San Diego, C...

  • United States v. G Bedore
    455 F2d 1109
    Bedord appeals from his conviction for a violation of 18 U.S.C. Sec. 1001 (knowing false statements "in any matter within the jurisdiction of any department or agency of the United States"). On June...

  • United States v. Plemons
    455 F2d 243
    William Ray Plemons, Tim Whitecotton, and Jimmy Mead were charged with a violation of the federal bank robbery statute. 18 U.S.C. Sec. 2113(a) and (b). Whitecotton and Mead pleaded guilty and Plemons...

  • Thomas v. R Howard
    455 F2d 228
    In this case, appellant, a prisoner of the State of New Jersey, is suing, under the Civil Rights Act, 42 U.S.C. Sec. 1983 (1970), the attorney who voluntarily represented him during post-conviction pr...

  • United States v. Blum
    453 F2d 1378
    The appeal from the order entered on a post conviction hearing is affirmed. The hearing was required by this court 432 F.2d 250 on the authority of Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L...

  • Boyer v. State Of Arizona
    455 F2d 804
    Christopher Boyer, an Arizona prisoner, appeals the District Court's denial of his petition for habeas corpus. His sole contention is that the search warrant under which he was stopped, his car searc...

  • United States v. Brager
    455 F2d 217
    Appellant, acting pro se, has appealed from his conviction of bank robbery, in violation of 18 U.S.C. Sec. 2113(a) and (d). Appellant was represented at trial by court appointed counsel. This court ...

  • Little Bock Airmotive Inc v. National Labor Relations Board
    455 F2d 163
    This case is before the court on the petition of Little Rock Airmotive, Inc. for review, and the cross-application of the Board to enforce, the Board's order requiring the Company to reinstate seven e...

  • Harris v. Hercules Incorporated
    455 F2d 267
    This is an appeal in a diversity suit from an order denying motions of Frank Harris to set aside a jury verdict and enter judgment in his favor, or in the alternative to grant him a new trial; and fro...

  • Halvonik v. Reagan
    457 F2d 311
    In early 1969, the City of Berkeley had become the setting for acts of violence and disorder, with attention focusing on a piece of unimproved land within the City owned by the University of Californi...

  • United States v. Moraites
    456 F2d 435
    Appellant, John Pensec, was convicted following a jury trial of conspiracy to misapply bank funds in violation of 18 U.S.C. Sec. 371. In addition, appellant was convicted of three substantive charges...

  • United States v. Gordon
    455 F2d 398
    Count I of the indictment charged that appellant conspired with seven other named persons to violate 18 U.S.C. Secs. 2113(a), 2113(b), 2113(c), and 2113(d). Count II charged that appellant aided and ...

  • Buchowiecki Kortkiewicz v. United States Immigration and Naturalization Service
    455 F2d 972
    The decision of the Immigration and Naturalization Service, which has ordered the deportation of Buchowiecki-Kortkiewicz, is affirmed. Also, the denial in district court of a petition for habeas corp...

  • Macon v. E Craven
    457 F2d 342
    Macon appeals from an order dismissing his habeas corpus petition without an evidentiary hearing. Macon, a State of California prisoner, was charged with the possession for sale of narcotics in viol...

  • United States v. Cordova
    454 F2d 763
    A jury found defendant-appellant guilty of refusing to submit to induction into the Armed Forces of the United States in violation of 50 App.U.S.C. Sec. 462(a) and he appeals. After registration wit...

  • United States v. Palmieri
    456 F2d 9
    This appeal is from convictions in connection with an avaricious ($9,975 collected on a $5,000 loan for four months) loan-shark extortion of two small businessmen in Bridgeport, Connecticut. All app...

  • United States v. Chapman
    455 F2d 746
    Don Garriga Chapman appeals from his judgment and sentence after jury trial for violation of Title 18, U.S.C., Section 751(a), escape from federal custody. At the time of the offense he had previousl...

  • United States v. Merritt
    454 F2d 1162
    The defendant contends that his confession was not voluntarily given and, further, that he was deprived of the benefit of counsel during the interrogation. The district judge, after a hearing on moti...

  • Randall v. United States
    454 F2d 1132
    Floyd Herman Randall represented by privately retained counsel, was tried by a jury and convicted on November 22, 1968 on four counts charging interstate transportation of stolen motor vehicles in vio...

  • Terry v. W Wingo
    454 F2d 694
    LeRoy Terry, Jr., is a prisoner in the Kentucky State Penitentiary at Eddyville. He was indicted for armed robbery, for knowingly receiving stolen property and for armed assault with intent to rob. ...

  • Griff v. B J Rhay
    455 F2d 494
    Griff was convicted of grand larceny by a Pierce County, Washington, jury. Prior to trial, his counsel moved to suppress testimony of eye-witnesses because it allegedly was based on an unconstitution...

  • Romero v. Coldwell
    455 F2d 1163
    The appellants sought by class action in the United States District Court a determination of whether the one-man, one-vote concept applies to elected justices of the peace in El Paso County, Texas. T...

  • Paul A Wetzel v. Gulf Oil Corporation
    455 F2d 857
    Appellant Wetzel brought this action against the Gulf Oil Corporation in the Superior Court of Arizona for Maricopa County. He alleged intentional tort, breach of warranty, negligence, and defamation...

  • Chaffin v. Stynchcombe
    455 F2d 640
    This case brings into focus obliquely the importance and weight to be accorded (a) conceptual abstractions as to crime and punishment, (b) principles which should govern the sound administration of ju...

  • Evans v. R I Moseley
    455 F2d 1084
    Stephen Luther Evans, an inmate in the United States Penitentiary at Leavenworth, Kansas, brought two separate actions in the United States District Court for the District of Kansas, each of which con...

  • United States v. Baggett
    455 F2d 476
    Defendant was convicted of receiving and concealing a stolen automobile moving in interstate commerce. 18 U.S.C. Sec. 2313. This appeal questions the trial court's rulings on two requests made by def...

  • United States v. Dow
    457 F2d 246
    Nicholas Karzen, Chicago, Ill., for defendant-appellant. Stanley B. Miller, U. S. Atty., William A. Kerr and Charles H. Scruggs, Asst. U. S. Attys., Indianapolis, Ind., for plaintiff-appellee. Bef...

  • United States v. McQueen Sheffield
    458 F2d 1049
    These appeals have been taken by two men who were convicted in a single trial of bank robbery, attended by endangering life with a firearm, in violation of sections 2113(a) and (d) of Title 18, United...

  • United States v. Williams
    455 F2d 361
    Philip N. Andreen (argued), San Diego, Cal., for defendant-appellant. Brian E. Michaels, Asst. U. S. Atty. (argued), Harry D. Steward, U. S. Atty., Stephen G. Nelson, Acting Chief, Crim. Div., San ...

  • United States v. Bishop
    457 F2d 260
    The defendant-appellant, Robert Bishop, prosecutes this appeal from the judgment of conviction and sentence entered by the District Court following defendant's trial on a two-count indictment charging...

  • United States v. Sutton
    455 F2d 974
    The judgments of conviction are affirmed. The appellants from material outside the record make a showing that the main prosecuting witness may have testified falsely. This is a matter that can now ...

  • United States v. Molina
    453 F2d 753
    The judgment of conviction in this importation of heroin case is affirmed. The main question on appeal is the rejection of an offer of proof. We find the offer of proof was too speculative. And, i...

  • United States v. Rossi
    453 F2d 752
    The judgment of conviction in this marijuana smuggling case is affirmed. We find no error, although appellant's contentions are ably presented. The mandate will issue now. ...

  • Cooper v. Griffin
    455 F2d 1142
    This is an appeal by two brothers, Marvin and Archie Cooper, from the denial of habeas corpus relief by the district court. In their habeas petitions below, the brothers contended that their convicti...

  • United States v. Harrold
    453 F2d 752
    In view of the intervening decision of United States v. Bass (1971) 404 U.S. 336, 92 S.Ct. 515, 30 L.Ed.2d 488, the judgment of conviction is vacated and the case is remanded to the district court for...

  • United States v. Stuyvesant Insurance Company
    453 F2d 752
    The judgment as to National Automobile and Casualty Company on a bail forfeiture is affirmed. The judgment against Stuyvesant Insurance Company is reversed. Judges Jertberg and Ely are of the view t...

  • Glass v. B Heyd
    457 F2d 562
    In this habeas corpus proceeding filed under 28 U.S.C. Secs. 2241, 2242 and 2254 petitioner, Robert S. Glass, an attorney at law, challenges two convictions for criminal contempt in a Louisiana State ...

  • Hunt v. United States
    456 F2d 582
    Appellant, Augustus Hunt, initiated a post-conviction proceeding by a pro se motion pursuant to 28 U.S.C. Sec. 2255 which was denied. Hunt was convicted of violations of Federal statutes arising out...

  • Young v. State Of Maryland
    455 F2d 679
    At a trial without a jury, the appellee was convicted of rape and burglary in 1960 before the Criminal Court of Baltimore, Maryland, and received a death sentence for rape and ten years' imprisonment ...

  • United States v. Avendano
    455 F2d 975
    The judgment of conviction in this case involving two counts related to bank robbery and one count of use of a telephone for false threats is affirmed. The double jeopardy argument is rejected under...

  • United States v. Carter
    454 F2d 525
    Carter was found guilty by a jury of wiolating 8 U.S.C. Sec. 1324(a) (4), which prohibits encouraging or inducing an alien to enter the United States illegally. On appeal he asserts that the proof va...

  • Long v. J Parker X C Long
    455 F2d 466
    James C. Long, the only appellant in these appeals, was convicted of first degree murder and robbery on October 30, 1964, in the United States District Court for the District of Columbia. He was sent...

  • United States v. Epperson
    454 F2d 769
    Epperson was convicted in the United States Magistrates Court, Alexandria, Virginia, of violating 49 U.S.C.A. Sec. 1472(l) by attempting to board an aircraft engaged in interstate commerce while carry...

  • Paige v. United States
    456 F2d 1278
    Appealing from denial of relief under 28 U.S.C. Sec. 2255, appellant assigns as error failure of the District Court to give consideration to various errors he asserts were committed in the course of h...

  • Downing v. L Kunzig
    454 F2d 1230
    WILLIAM E. MILLER, Ciruit Judge. The General Services Administration, by authority of 40 U.S.C. Sec. 318a and 318b, is vested with the power to promulgate all needful rules and regulations for the g...

  • United States v. Carter
    455 F2d 354
    Edward L. Cragen (argued), San Francisco, Cal., Thomas Salciccia, San Jose, Cal., for defendant-appellant. James H. Daffer, Ass't U. S. Atty. (argued), San Francisco, Cal., for plaintiff-appellee. ...

  • Ruchell Magee and v. Louis S Nelson Warden and
    455 F2d 275
    Ruchell MaGee is incarcerated at the California State Prison at San Quentin. Proceeding in propria persona, MaGee petitioned the United States District Court for the Northern District of California fo...

  • Trujillo v. United States
    454 F2d 1153
    This is an appeal from an order denying a petition for postconviction relief which was filed pursuant to 28 U.S.C. Sec. 2255. Petitioner was found guilty by a jury of two counts charging violations o...

  • United States v. Patterson
    455 F2d 264
    Roswell Bottum, Jr. (argued), Los Angeles, Cal., for defendant-appellant. Andrew Willing, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., Eric A. Nobles, Chief, Crim. Div., Los Angeles, ...

  • Bustamante v. A Eyman
    456 F2d 269
    Robert J. Corcoran (argued), LeRoy L. Miller, of Dushoff, Sacks & Corcoran, Phoenix, Ariz., for petitioner-appellant. Roderic A. Dietz (argued), Gary K. Nelson, Ariz. Atty. Gen., Phoenix, Ariz.,...

  • United States v. Hall
    455 F2d 492
    Rev. Alonzo Hall appeals from his Dyer Act (Title 18, U.S.C., Section 2313) conviction and sentence to five years confinement for unlawfully and knowingly receiving, storing, bartering, selling and di...

  • United States v. Owens
    453 F2d 1373
    The plaintiff appellant Farries was found guilty of bank robbery on both counts of a two-count indictment, 18 U.S.C. Secs. 2113(a) and 2113(d), the latter count being based on the putting in jeopardy ...

  • Government Of Canal Zone v. R
    454 F2d 725
    Entrapment is the sole issue raised by Risbrook in this appeal. Having testified that he never dispensed cocaine or possessed marijuana with intent to dispense it in violation of 21 U.S.C.A. Sec. 841...

  • James v. S Smith
    455 F2d 502
    The instant appeal is from the denial of habeas corpus relief. Appellant's claim for relief is based on the asserted failure of the state to live up to a "plea bargain." The district court denied re...

  • United States v. Jones Iii
    456 F2d 627
    Appellant was convicted of refusing to submit to induction into the Armed Services of the United States and now appeals from that conviction. He registered for the draft with his local board in Augus...

  • Rhode Island Hospital Trust National Bank v. Swartz Bresenoff Yavner and Jacobs
    455 F2d 847
    Rhode Island Hospital Trust National Bank ("Bank") sued Swartz, Bresenoff, Yavner & Jacobs, a firm of certified public accountants ("Accountants"), each of the partners of the firm and the estate ...

  • National Labor Relations Board v. New Mexico District Council Of Carpenters and Joiners Of America
    454 F2d 1116
    In these proceedings the National Labor Relations Board (the Board) petitions for enforcement of orders against respondent New Mexico District Council of Carpenters and Joiners of America (the Union) ...

  • Grene v. United States
    460 F2d 580
    Robert Grene, a federal prisoner, appeals from the district court's denial of his petition for mandamus, wherein he sought credit on his sentence. We affirm. Grene was convicted on ten counts of an...

  • United States v. Johnson
    455 F2d 311
    Samuel Lee Johnson and James Earl Young, Sr. appeal from their conviction for conspiracy to violate Section 2314, Title 18, U.S.C., by causing falsely made and forged securities (money orders) of the ...

  • United States v. B Resnick
    455 F2d 1127
    Appellants were charged with melting silver currency of the United States in violation of 18 U.S.C. Sec. 2, 31 U.S.C. Sec. 395, 31 C.F.R. Sec. 82, and 18 U.S.C. Sec. 371, and conspiracy to commit that...

  • United States v. Nalley
    455 F2d 259
    Appellants appeal from judgments of conviction after jury trial in the United States District Court for the Western District of Kentucky. The indictment had charged each appellant (and two other defe...

  • Vignera v. Attorney General Of United States
    455 F2d 637
    Michael Vignera, the appellant, has sought credit on his federal sentence for time spent in a federal detention center under writs of habeas corpus ad prosequendum. The district court denied relief o...

  • United States v. Sarantos
    455 F2d 877
    Defendants Robert Sarantos and Constantine Makris appeal from judgments of conviction after a 15-day trial before Judge Inzer B. Wyatt and a jury in the United States District Court for the Southern D...

  • United States v. Carr
    459 F2d 16
    Louis H. Carr, convicted of violations of 26 U.S.C. Sec. 4705(a) and 21 U.S.C. Sec. 174 and sentenced to four concurrent terms of ten years each, has appealed charging that his conviction was improper...

  • Wilson v. E Lash
    457 F2d 106
    The district court dismissed petitioner Wilson's habeas corpus petition to set aside his conviction, by a jury, of a 1963 Indiana murder. Wilson has appealed. We affirm. Wilson was tried, by a jur...

  • Purkhiser v. L Wainwright
    455 F2d 506
    In 1966 a jury in a Florida state court convicted James D. Purkhiser of first-degree murder and sentenced him to death. The Florida Supreme Court, on direct appeal, held that the evidence was insuffi...

  • Dryden v. United States
    455 F2d 491
    The district court dismissed Dryden's motions to vacate sentence pursuant to 28 U.S.C. Sec. 2255. We affirm. Appellant filed simultaneous motions to vacate two federal sentences imposed for violati...

  • Booster Lodge No International Association Of Machinists and Aerospace Workers v. National Labor Rela
    459 F2d 1143
    In this case, we are called upon to examine the right of a labor organization, consonant with the provisions of the National Labor Relations Act (N.L.R.A.), to discipline those members who have crosse...

  • Vargas v. United States
    455 F2d 501
    Appellant was convicted of selling heroin in violation of 21 U.S.C. Sec. 174 and of concealing heroin in violation of the same section. He appealed and this court affirmed. United States v. Vargas, ...

  • United States v. Owen
    455 F2d 500
    David Estel Owen appeals from his conviction, after a non-jury trial, on one count of knowingly receiving, concealing and storing stolen securities which had moved in interstate commerce, in violation...

  • Boag v. L C Boies
    455 F2d 467
    Donald Gene Boag appeals from an order of the district court denying his motion for leave to proceed in forma pauperis in a civil rights complaint against Arizona deputy sheriffs. The reason stated f...

  • United States v. D Dana
    457 F2d 205
    Defendant Dana appeals from his conviction by a jury on each of five counts of an indictment charging willful attempts to evade income tax for the years 1962-66, in violation of 26 U.S.C. Sec. 7201. ...

  • United States v. Jackson
    454 F2d 821
    Appellant Noel Larry Jackson appeals from his conviction in the district court for refusing, on August 21, 1969, to report for and submit to induction into the Armed Forces of the United States, in vi...

  • United States Cummings v. L Zelker
    455 F2d 714
    Arthur J. Murphy, Jr., New York City, for petitioner-appellant. Samuel A. Hirshowitz, First Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N. Y., Brenda Soloff, Asst. Atty. Gen., of counsel), ...

  • United States v. King
    455 F2d 345
    Appellant Wayne King was convicted in a jury trial of refusing to report for and submit to induction in violation of 50 U.S.C. App. Sec. 462(a). On appeal, he asserts that he was entitled to acquitta...

  • United States v. L Cafaro
    455 F2d 323
    Richard Schulman and Paul L. Cafaro appeal from judgments of conviction entered after a six day jury trial in the Southern District of New York. Appellants and two others, Alfred Mainetti and Jack J....

  • Miranda v. United States
    455 F2d 402
    Petitioner is appealing from a denial of his motion under 28 U.S.C. Sec. 2255 to vacate and set aside his sentence on federal charges, 330 F.Supp. 1002. Pursuant to 18 U.S.C. Sec. 3006A(d) (6), he ha...

  • United States v. Fox
    455 F2d 131
    This is an appeal from a decision of the district court upholding Fox's conviction and sentence for interfering with a draftee and damaging government property. Fox was previously before this Court a...

  • American News Co v. M Ladas
    454 F2d 1237
    This is an appeal from an injunction and an amended injunction issued by the United States District Court for the Western District of Michigan enjoining certain law enforcement officials of the City o...

  • United States v. Wood
    454 F2d 765
    The appellant, convicted of refusing to submit to induction into the Armed Forces in violation of Section 462, 50 U.S.C. App., registered with the Selective Service System in November, 1964, upon atta...

  • United States v. Clark
    454 F2d 1056
    This is an appeal from the denial of appellant's motion pursuant to Rule 33 of the Federal Rules of Criminal Procedure, based on grounds of newly discovered evidence. Appellant claims this evidence s...

  • United States v. Welch
    455 F2d 211
    Neely Welch appeals from a judgment of conviction for conspiring to possess, and for possessing and transporting in foreign commerce, a stolen United States Treasury Bill. The sole claim on this appe...

  • McCutcheon v. Beto
    460 F2d 1018
    The District Court declined to relieve petitioner of a 1946 Federal conviction for violating then 26 U.S.C.A. Sec. 3224(a), now 26 U.S.C.A. Sec. 4724(a), which is presently serving as the basis of an ...

  • United States v. Pritchard
    458 F2d 1036
    Walter Pritchard, the defendant-appellant, prosecutes this appeal from a judgment order of conviction and sentence entered by the District Court following defendant's trial before a jury on a two-coun...

  • Belbin v. J Picard
    454 F2d 202
    On July 30, 1971, petitioner Belbin sought a writ of habeas corpus in the district court. He alleged that he had been convicted in the Massachusetts Superior Court of second degree murder upon a plea...

  • United States v. Cruz
    455 F2d 184
    Appellants ask us in their brief on appeal to characterize as plain error, Fed.R.Crim.P. 52(b), two comments by the court occurring in the course of a 2 1/2-day trial. The comments are said to demons...

  • United States v. Grider
    454 F2d 713
    After trial to a jury in the District Court for the Western District of Oklahoma, appellant Grider was found guilty of a violation of 18 U.S.C. Sec. 2314, unlawfully causing the interstate transportat...

  • United States v. Bryant
    454 F2d 248
    Appealing his conviction of larceny of property having a value in excess of $100 in violation of 18 U.S.C. Sec. 661 and his sentence to a term of four years, Floyd Bryant contends that the evidence wa...

  • Odom v. United States
    455 F2d 159
    This is an appeal from an order denying Odom's application for relief under Sec. 2255, Title 28, United States Code. The conviction under which Odom is serving time was affirmed by the same panel of ...

  • United States v. E Harrison
    461 F2d 1209
    Following a non-jury trial appellant was found guilty on each of two indictments, consolidated for trial, charging her with forging and uttering. The first indictment filed June 16, 1970, charged her...

  • United States v. Beacon Piece Dyeing and Finishing Co
    455 F2d 216
    This case raises the simple but novel question whether a sentence to pay a fine in installments may-unlike a sentence to a prison term-be suspended after the judgment of conviction has been entered an...

  • Treutler v. Meredith Corporation
    455 F2d 255
    William B. Woodruff, Omaha, Neb., for appellant. William E. Morrow, Jr., Swarr, May, Smith & Anderson, Omaha, Neb., for appellee. Before MATTHES and LAY, Circuit Judges, and HUNTER, District J...

  • United States v. Colbert
    454 F2d 801
    On the evening of October 24, 1970, officers Donald R. Trimm and B. D. Pitts of the Birmingham, Alabama, police department, en route to the investigation of an incident on Birmingham's north side, not...

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