DUNCAN
v.
RAGEN, WARDEN

U.S. | 1944-10-09
No. 389
323 U.S. 747 Supreme Court of the United States (1944) Positive Treatment
Cited by 5 cases

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  • United States v. MacKay, 491 F.2d 616 (10th Cir. 1973)
    …re denied. The Clerk is directed to recall the mandate pending further proceedings in the trial court. . Badders v. United States, 240 U.S. 391, 36 S.Ct. 367, 60 L.Ed. 706 (1916) ; Mitchell v. United States, 142 F. 2d 480 (10th Cir.), cert. denied, 323 U.S. 747, 65 S.Ct. 49, 89 L.Ed. 598 (1944). . Counts I through IV involved mailings of the control stock of Federated or the assets of Federated. Counts V and VI involved mailing of “lulling letters” by defendants to minority shareholders of Federated, info…
  • United States v. Villano, 529 F.2d 1046 (10th Cir. 1976)
    …t the key element for the federal offense is the act of travel or use of interstate facilities. This follows the persuasive logic of Judge Murrah in a [*1062] similar situation. Mitchell v. United States, 142 F. 2d 480, 481 (10th Cir.), cert. denied 323 U.S. 747, 65 S.Ct. 49, 89 L.Ed. 598. Hence charging separate offenses here was not unwarranted and the separate convictions and punishment given were not improper on this proof. We find that these objections to the separate convictions and the sentences are…
  • United States v. Crummer, 151 F.2d 958 (10th Cir. 1945)
    …ing so to do. Rosenberg v. United States, 10 Cir., 120 F. 2d 935; Gates v. United States, 10 Cir., 122 F. 2d 571, certiorari denied 314 U.S. 698, 62 S.Ct. 483, 86 L.Ed. 558; Mitchell v. United States, 10 [*963] Cir., 142 F. 2d 480, certiorari denied 323 U.S. 747, 65 S.Ct. 49; Rice v. United States, 10 Cir., 149 F. 2d 601; Weatherby v. United States, 10 Cir., 150 F. 2d 465. While the particulars of the scheme are matters of substance and therefore must be described with a degree of certainty sufficient to sh…

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