SMITH

v.

HIXON, WARDEN

Citator

Cited By

• United States v. Ralph "Whitey" Tropiano, 418 F.2d 1069 (2d Cir. 1969)
  …. Di Pietroantonio, 289 F. 2d 122, 124 (2d Cir. 1961). Since the sentences on Counts 1 and 4 were concurrent, appellants can hardly claim prejudicial error. Lawn v. United States, 355 U.S. 339, 362, 78 S.Ct. 311, 2 L.Ed.2d 321 (1958), reh. denied, 355 U.S. 967, 78 S.Ct. 529, 2 L.Ed.2d 542 (1958); United States v. Kennedy, supra. The Court charged the jury that fear in Hobbs Act cases includes fear not only of violence but also of economic loss. Appellants assert that the inclusion of “economic loss” in t…
• United States v. McKNIGHT, 253 F.2d 817 (2d Cir. 1958)
  …theory that the governing statute was § 7237(a) of Title 26 U.S.C.A. instead of 18 U.S.C.A. § 371 which had been referred to in the indictment. See United States v. Lawn, 1958, 355 U.S. 339, 359, 78 S.Ct.. 311, 2 L.Ed.2d 321, rehearing denied, 1958, 355 U.S. 967, 78 S.Ct. 529, 2 L.Ed.2d 542. But as this question may recur because of the increased penalties recently enacted by the Congress in the Narcotic Control Act of 1956 or whenever reference must be made to another statute to ascertain the penalties fo…
• Enriquez v. United States, 338 F.2d 165 (9th Cir. 1964)
  …nt for the offense charged in the first count, we need not consider any other count.” Sinclair v. United States, 279 U.S. 263, 299, 49 S.Ct. 268, 73 L.Ed. 692 (1929); Lawn v. United States, 355 U.S. 339, 78 S.Ct. 311, 2 L.Ed.2d 321 (1958), reh. den. 355 U.S. 967, 78 S.Ct. 529, 2 L.Ed.2d 542; Barenblatt v. United States, 360 U.S. 109, 79 S.Ct. 1081, 3 L.Ed.2d 1115 (1959), reh. den. 361 U.S. 854, 80 S.Ct. 40, 4 L.Ed.2d 93; White v. United States, 317 F. 2d 231 (9th Cir. 1963). Thus, at this point, the most d…