HY GOLDBAUM, GEORGE CAPRI AND EDWARD COOKE, APPELLANTS,
v.
UNITED STATES OF AMERICA, APPELLEE

9th Cir. | 1955-05-09
No. 13383
222 F.2d 360 United States Court of Appeals for the Ninth Circuit (1955) Positive Treatment
Cited by 2 cases

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Holding

The court's former decision was correct and is affirmed.


Facts & Procedural History

The case was remanded by the Supreme Court for reexamination in light of net worth method decisions. The Ninth Circuit's prior decision affirmed the d…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

As required by the Supreme Court’s order of January 10, 1955, 348 U.S. 905, 75 S.Ct. 311, remanding this and other cases, we have considered this case in the light of Holland v. United States, 348 U.S. 121, 75 S.Ct. 127; Friedberg v. United States, 348 U.S. 142, 75 S.Ct. 138; Smith v. United States, 348 U.S. 147, 75 S.Ct. 194, and United States v. Calderon, 348 U.S. 160, 75 S.Ct. 186.

The Supreme Court’s order recited, 348 U.S. 906, 75 S.Ct. 311, 312: “We have not considered the merits of these cases, nor have we determined their relation to our recent opinions, supra, believing that reexamination by the Courts of Appeals is desirable even in those cases remotely involving the principles laid down in the net worth decisions.”

A reexamination by this court discloses that this is indeed a case only remotely involving the net worth problem. As appears from our former decision 9 Cir., 204 F. 2d 74, the district court’s judgment was affirmed upon the ground that the proof of guilt under count 13 was sufficient. Proof under that count did not involve use of the net worth method of proof. We therefore conclude that our former decision was correct.

Judgment affirmed.


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