TaiLexi AI U.S. Case Law

Ramirez v. United States

Ramirez v. United States, 414 U.S. 1012 (1973)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of the United States
Decided
November 5, 1973
Docket
No. 73-262
Judges
Douglas
Citations
414 U.S. 101294 S. Ct. 37938 L. Ed. 2d 2511973 U.S. LEXIS 1353

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

C. A. 9th Cir. Certiorari denied.

Dissent — Douglas

Text extracted by OCR from a scanned original; check the original for exact wording.

Mr. Justice Douglas,

dissenting.

I would grant and reverse for the reasons set forth by Judge Hufstedler in the Court of Appeals, 480 F. 2d 76 . *1013 The majority had affirmed on Bradley v. United States, 410 U. S. 605 . Judge Hufstedler said:

“Section 1103 (a) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 provides in pertinent part: 'Prosecutions for any violation of law occurring prior to the effective date of [the Act] shall not be affected by the repeals . . . made by [it] or abated by reason thereof.’ The keystone of the Bradley rationale is its construction of the word 'prosecutions’ in section 1103 (a) as ‘clearly import[ing] a beginning and an end.’ The ‘end,’ as Bradley squarely held, is the conclusion of sentencing. The ‘beginning’ of a prosecution is the return of an indictment. These indictments were returned after section 176a had been repealed. There was no prosecution to be saved by section 1103 (a). Bradley means that any prosecution initiated before repeal of the statute carries with it the old section 176a penalty. Conversely, any prosecution under section 176a begun after repeal of section 176a for the substantive offense committed before repeal carries with it the milder penalties of the successor statute.

“The substantive offense was specifically saved. Prosecutions initiated before repeal were ‘not . . . affected’ ar ‘abated.’ Prosecutions begun after repeal of section 176a could be neither affected nor abated, because they were nonexistent when the old statute was repealed.” 480 F. 2d, at 79 .

That is my view.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 14 cases

View all citing references →
1973: 11974: 11976: 11977: 21978: 11979: 11980: 21981: 21985: 11992: 219732026peak 1977 · 2

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 2

DepthCaseCited by
Bradley v. United States, 410 U.S. 605 (1973) 216
United States v. Roy M, 480 F.2d 76 (9th Cir. 1973) 5

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list