BINION
v.
UNITED STATES
BINION
UNITED STATES
201 F.2d 498
United States Court of Appeals for the Ninth Circuit (1953)
Positive Treatment
Cited by 14 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Strand v. Schmittroth, 251 F.2d 590 (9th Cir. 1957)
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United States v. Woodring, 446 F.2d 733 (10th Cir. 1971)
-
Strand v. Schmittroth, 233 F.2d 598 (9th Cir. 1956)
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- Meltzer v. United States, 188 F.2d 916 (9th Cir. 1951)