Binion v. United States

Ninth Circuit

Binion v. United States

201 F.2d 498

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 13, 1953

Docket13655

StatusPublished

Cited by12 cases

This text of 201 F.2d 498 (Binion v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Binion v. United States, 201 F.2d 498 (9th Cir. 1953).

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Opinion

PER CURIAM.

This is a motion to dismiss an appeal from an order or warrant of removal issued pursuant to Rule 40(b) (3) of the Federal Rules of Criminal Procedure, 18 U.S. C.A., providing for removal in cases where the prosecution is 'by indictment. We have recently held in Meltzer v. United States, 9 Cir., 188 F.2d 916, that an order of removal in such cases is not appealable. In any event, in light of the mandatory provision of the Rule referred to, the appeal is frivolous and is subject to dismissal on that ground.

The appeal is accordingly dismissed.

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PER CURIAM.

This is a motion to dismiss an appeal from an order or warrant of removal issued pursuant to Rule 40(b) (3) of the Federal Rules of Criminal Procedure, 18 U.S. C.A., providing for removal in cases where the prosecution is 'by indictment. We have recently held in Meltzer v. United States, 9 Cir., 188 F.2d 916, that an order of removal in such cases is not appealable. In any event, in light of the mandatory provision of the Rule referred to, the appeal is frivolous and is subject to dismissal on that ground.

The appeal is accordingly dismissed.

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201 F.2d 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/binion-v-united-states-ca9-1953.

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