Taylor v. United States

Ninth Circuit

Taylor v. United States

180 F.2d 1020

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 23, 1950

Docket12453_1

StatusPublished

Cited by3 cases

This text of 180 F.2d 1020 (Taylor 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

Taylor v. United States, 180 F.2d 1020 (9th Cir. 1950).

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Opinion

PER CURIAM.

This appeal is from the district court’s order denying appellant’s motion to correct and reduce his claimed illegal sentence. Appellee has filed a motion to dismiss the appeal on the ground that the issues presented have heretofore been adjudicated by this court. It appears that the only genuine issue raised on this appeal concerns the sufficiency of the indictment under which appellant was convicted and sentenced upon his plea of guilty. In Taylor v. Squier, 9 Cir., 179 F.2d 640 (rehearing denied February 9, 1950), we held that the indictment sufficiently charged a violation of 26 U.S. C. A. § 145(b).

Appellant contends that this appeal raises other and new issues which were not presented on his former appeals. Taylor here presents lengthy arguments which are a mere repetition of arguments made on previous appeals. They are entirely devoid of merit. They are neither “new” nor do they present justiciable issues.

Appellee’s motion to dismiss the appeal is granted.

Appeal dismissed.

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PER CURIAM.

This appeal is from the district court’s order denying appellant’s motion to correct and reduce his claimed illegal sentence. Appellee has filed a motion to dismiss the appeal on the ground that the issues presented have heretofore been adjudicated by this court. It appears that the only genuine issue raised on this appeal concerns the sufficiency of the indictment under which appellant was convicted and sentenced upon his plea of guilty. In Taylor v. Squier, 9 Cir., 179 F.2d 640 (rehearing denied February 9, 1950), we held that the indictment sufficiently charged a violation of 26 U.S. C. A. § 145(b).

Appellant contends that this appeal raises other and new issues which were not presented on his former appeals. Taylor here presents lengthy arguments which are a mere repetition of arguments made on previous appeals. They are entirely devoid of merit. They are neither “new” nor do they present justiciable issues.

Appellee’s motion to dismiss the appeal is granted.

Appeal dismissed.

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180 F.2d 1020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-united-states-ca9-1950.

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