Daugharty v. United States

Ninth Circuit

Daugharty v. United States

173 F.2d 747, 1949 U.S. App. LEXIS 2897

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 30, 1949

DocketNo. 12168

StatusPublished

This text of 173 F.2d 747 (Daugharty 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

Daugharty v. United States, 173 F.2d 747, 1949 U.S. App. LEXIS 2897 (9th Cir. 1949).

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Opinion

PER CURIAM.

In the United States District Court for the District of Idaho, appellant, Clifford Daugharty, was indicted for violating § 3 of the National Stolen Property Act, as amended, 18 U.S.C.A. § 415 [now § 2314], The indictment was in 13 counts. Appellant was arraigned and pleaded guilty to each count of the indictment. Thereupon, on May 13, 1947, the District Court entered a judgment sentencing appellant to be imprisoned for five years and six months. From that judgment no appeal was taken.

On November 22, 1948, appellant petitioned the District Court to vacate and set aside the judgment of May 13, 1947. On November 30, 1948, the District Court entered an order denying the petition. This appeal is from that order.

Appellee, the United States, has moved to dismiss the appeal as being frivolous. We have examined the record and find that the appeal is frivolous. It is therefore dismissed.

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PER CURIAM.

In the United States District Court for the District of Idaho, appellant, Clifford Daugharty, was indicted for violating § 3 of the National Stolen Property Act, as amended, 18 U.S.C.A. § 415 [now § 2314], The indictment was in 13 counts. Appellant was arraigned and pleaded guilty to each count of the indictment. Thereupon, on May 13, 1947, the District Court entered a judgment sentencing appellant to be imprisoned for five years and six months. From that judgment no appeal was taken.

On November 22, 1948, appellant petitioned the District Court to vacate and set aside the judgment of May 13, 1947. On November 30, 1948, the District Court entered an order denying the petition. This appeal is from that order.

Appellee, the United States, has moved to dismiss the appeal as being frivolous. We have examined the record and find that the appeal is frivolous. It is therefore dismissed.

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173 F.2d 747, 1949 U.S. App. LEXIS 2897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daugharty-v-united-states-ca9-1949.

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