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Binion v. United States

Binion v. United States, 201 F.2d 498 (9th Cir. 1953)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
April 13, 1953
Docket
No. 13655
Judges
Healy, Bone, Orr
Citations
201 F.2d 498

Opinion — Per Curiam

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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Cited by 11 cases

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1954: 11956: 11957: 11958: 11960: 11961: 11962: 11967: 11971: 11972: 12015: 119542026peak 1954 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Meltzer v. United States, 188 F.2d 916 (9th Cir. 1951) 4

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