United States v. Dale Edward Sudduth
Court of Appeals for the Tenth Circuit
1Opinion of the Court
BARRETT, Circuit Judge.
Sudduth was convicted by a jury on one count of a two-count indictment charging him with selling heroin not in pursuance of a written order in violation of 26 U.S.C. § 4705(a). Count II charged him with carrying a firearm “unlawfully” during the commission of a felony charged in Count I in violation of 18 U.S.C. § 924(c). Count II was dismissed by the trial court on the ground that it did not state a separate crime. The Government appealed from the trial court’s dismissal of Count II in a separate proceeding before this court.
We have recently held in United States v.…
2Cases cited18 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Green v. United StatesSupreme Court of the United States · 1957
- Johnson v. United StatesSupreme Court of the United States · 1943
- Jose Verdugo and Horace Eugene Turner v. United StatesCourt of Appeals for the Ninth Circuit · 1968
- Cornero v. United StatesCourt of Appeals for the Ninth Circuit · 1931
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3Cited by7 opinions
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- Thomas v. United StatesDistrict of Columbia Court of Appeals · 1994
- United States v. Bruce R. NelsonCourt of Appeals for the Eighth Circuit · 1974
- Carter v. StateCourt of Criminal Appeals of Texas · 1972
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