PIERCE
v.
UNITED STATES

U.S. | 1945-04-09
No. 804
324 U.S. 873 Supreme Court of the United States (1945) Positive Treatment
Cited by 2 cases

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  • United States v. Shackney, 333 F.2d 475 (2d Cir. 1964)
    …for the escape or some other reason, have also been held sufficient. Bernal v. United States, 241 F. 339 (5 Cir. 1917), cert. denied, 245 U.S. 672, 38 S.Ct. 192, 62 L.Ed. 540 (1918); Pierce v. United States, 146 F. 2d 84 (5 Cir. 1944), cert. denied, 324 U.S. 873, 65 S.Ct. 1011, 89 L.Ed. 1427 (1945); United States v. Ingalls, 73 F.Supp. 76 (S.D.Calif.1947). But we see no basis for concluding that because the statute can be satisfied by a credible threat of imprisonment, it should also be considered satisfi…
  • Stubbs v. Smith, 533 F.2d 64 (2d Cir. 1976)
    …3, 63 S.Ct. 1241, 87 L.Ed. 1519 (1943), and its “rational connection” test for considering the validity of statutory presumptions. This court in United States ex rel. Rogalski v. Jackson, 146 F. 2d 251, 253 (2 Cir. 1944) (A. Hand, J.), cert. denied, 324 U.S. 873, 65 S.Ct. 1011, 89 L.Ed. 1427 (1945), relied on Tot particularly in denying habeas corpus on a claim of unconstitutionality of old § 1898-a, from which § 1899(3), note 2 supra, was derived. The Tot test has, of course, been modified. Leary v. United…

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