Fleish v. United States

Sixth Circuit

Fleish v. United States

181 F.2d 1009, 1950 U.S. App. LEXIS 2736

CourtCourt of Appeals for the Sixth Circuit

DecidedApril 17, 1950

Docket11062

StatusPublished

Cited by1 cases

This text of 181 F.2d 1009 (Fleish v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fleish v. United States, 181 F.2d 1009, 1950 U.S. App. LEXIS 2736 (6th Cir. 1950).

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Opinion

PER CURIAM.

The above cause came on to be heard upon an appeal from an order of the district court denying a motion to vacate sentence. Appellant contended that the six counts upon which he was originally sentenced described only two offenses; that he was illegally sentenced on all of the six counts; and that the National Firearms Act, 26 U.S.C.A. § 2733(b), (d), and (c), is unconstitutional because in excess of the powers of Congress and because it invades the proper domain of the states in regulation of the sale of firearms within their borders. Appellant further claims that the sentence amounts to cruel and unusual punishment in violation of the Constitution. All of these contentions were decided adversely to appellant by the district court.

After a review of the briefs of the parties and the transcript of the record, and the hearing of argument of counsel, there appearing no error in the proceedings below, and the court being duly advised, it is ordered, adjudged, and decreed that the order appealed from be and the same is hereby affirmed upon the opinion of the district court 90 F.Supp. 273.

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PER CURIAM.

The above cause came on to be heard upon an appeal from an order of the district court denying a motion to vacate sentence. Appellant contended that the six counts upon which he was originally sentenced described only two offenses; that he was illegally sentenced on all of the six counts; and that the National Firearms Act, 26 U.S.C.A. § 2733(b), (d), and (c), is unconstitutional because in excess of the powers of Congress and because it invades the proper domain of the states in regulation of the sale of firearms within their borders. Appellant further claims that the sentence amounts to cruel and unusual punishment in violation of the Constitution. All of these contentions were decided adversely to appellant by the district court.

After a review of the briefs of the parties and the transcript of the record, and the hearing of argument of counsel, there appearing no error in the proceedings below, and the court being duly advised, it is ordered, adjudged, and decreed that the order appealed from be and the same is hereby affirmed upon the opinion of the district court 90 F.Supp. 273.

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Bluebook (online)

181 F.2d 1009, 1950 U.S. App. LEXIS 2736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleish-v-united-states-ca6-1950.

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