ABERSON
v.
UNITED STATES

U.S. | 1970-04-27
No. 1287
Mr. Justice Douglas is of the opinion that certiorari should be granted. Mr. Justice Marshall took no part in the consideration or decision of this petition.
397 U.S. 1066 Supreme Court of the United States (1970) Positive Treatment
Cited by 12 cases

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Cited By (12 total)

  • United States v. DeMASI, 445 F.2d 251 (2d Cir. 1971)
    …he rule in this Circuit is clear that a motion to dismiss for lack of prosecution is not a proper demand for a speedy trial. United States v. Virga, 426 F. 2d 1320, 1322 (2 Cir. 1970); United States v. Aberson, 419 F. 2d 820 (2 Cir.), cert./ denied, 397 U.S. 1066, 90 S.Ct. 1497, 25 L.Ed.2d 687 (1970); United States v. Maxwell, 383 F. 2d 437, 441 (2 Cir. 1967), cert. denied, Aiken v. United States, 389 U.S. 1057, 88 S.Ct. 809, 19 L.Ed.2d 856 (1968). Furthermore, “[e]ven were we to treat the [March, 1970] moti…
  • United States v. Lane, 561 F.2d 1075 (2d Cir. 1977)
    …mittee Note to Rule 48, a power that is not circumscribed by the Constitution, the statute, or the rules, see 476 F. 2d at 361, this power is a discretionary one, id. at 358, 361; United States v. Aberson, 419 F. 2d 820, 821 (2d Cir.), cert. denied, 397 U.S. 1066, 90 S.Ct. 1497, 25 L.Ed.2d 687 (1970), with review in this court limited to whether there has been an abuse of discretion, United States v. Aberson, supra, 419 F. 2d at 821; 3 C. Wright & Miller, Federal Practice and Procedure § 814, at 319 (1969).…
  • United States v. Ford, 627 F.2d 807 (7th Cir. 1980)
    …“filed” on date received by district court); United States v. Grimes, 426 F. 2d 706 (5th Cir. 1970) (notice of appeal notarized during the ten-day period but received afterward); Kiger v. United States, 417 F. 2d 1194 (7th Cir. 1969), cert. denied, 397 U.S. 1066, 90 S.Ct. 1506, 25 L.Ed.2d 688 (1970) (timely petition in forma pauperis considered notice of appeal); United States v. Conversano, 412 F. 2d 1143 (3d Cir.), cert. denied, 396 U.S. 905, 90 S.Ct. 219, 24 [*810] L.Ed.2d 181 (1969) (appearance bond exe…

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