Binion v. United States

Ninth Circuit

Binion v. United States

201 F.2d 498

Court of Appeals for the Ninth Circuit·Decided April 13, 1953·No. 13655·Published·Cited by 12 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

201 F.2d 498 (Binion v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related