BIRNBAUM

v.

UNITED STATES

Citator

Cited By

• Clement Johnson v. State OF Ariz. & Frank A. Eyman, 462 F.2d 1352 (9th Cir. 1972)
  …therefrom that the State court did not intend a “pure retroactive” application of Ard. On the basis of our decision in Benson v. Carter, 396 F. 2d 319, 323 (9th Cir. 1968), cert. denied, 393 U.S. 1080, 89 S.Ct. 852, 21 L.Ed.2d 773, rehearing denied, 394 U.S. 994, 89 S.Ct. 1451, 22 L.Ed.2d 772 (1969), holding that State rules of retroactivity do not raise federal constitutional questions, further relief to petitioner was denied. The district court is correct in stating that ordinarily matters of rules of se…
• United States v. Sciortino, 601 F.2d 680 (2d Cir. 1979)
  …s is distinguishable on its facts in that some element necessary to complete the security itself was forged. United States v. Di Pietto, 396 F. 2d 283 (7th Cir. 1968), vacated on other grounds, 394 U.S. 310, 89 S.Ct. 1163, 22 L.Ed.2d 297, reh. den., 394 U.S. 994, 89 S.Ct. 1451, 22 L.Ed.2d 771 (1969); United States v. Patten, 345 F.Supp. 967 (D.Puerto Rico 1972). Accordingly, we vacate the judgment of conviction on count two below. Appellant’s other contentions are without merit. It was proper to introduce…
• Burkheart v. Eyman, 462 F.2d 1335 (9th Cir. 1972)
  …to have the jury pass upon criminal intent. Therefore, he asserts he has been denied federal due process. This circuit in Benson v. Carter, 396 F. 2d 319 (9th Cir. 1968), cert. denied, 393 U.S. 1080, 89 S.Ct. 852, 21 L.Ed.2d 773, rehearing denied, 394 U.S. 994, 89 S.Ct. 1451, 22 L.Ed.2d 772 (1969), decided that refusal to grant retroactivity to a particular decision did not deny federal constitutional rights, although the appellant there had advanced the same argument. Assuming, arguendo, that he was en…