Legal Opinion
Jesus Rivera v. United States
Court of Appeals for the Ninth Circuit
Decided May 28, 1963No. 18006PublishedCited by 87 opinions
1Opinion of the Court
BROWNING, Circuit Judge.
Appellant was convicted of selling marihuana in violation of 21 U.S.C.A. § 176a; no appeal was taken. The present appeal seeks review of a subsequent order denying a motion under 28 U.S.C.A. § 2255 to vacate the judgment and sentence.
1. Appellant contends that the indictment did not meet Sixth Amendment standards because it failed to allege the name of the person to whom he sold marihuana, or the price paid. Neither of these details is an element of the offense under 21 U.S.C.A. § 176a. The indictment alleged the offense substantially in the words of the statute, which…
2Cases cited28 opinions
- Sanders v. United StatesSupreme Court of the United States · 1963
- United States v. DebrowSupreme Court of the United States · 1953
- Sunal v. LargeSupreme Court of the United States · 1947
- Charles Robert O'Malley v. United StatesCourt of Appeals for the Sixth Circuit · 1961
- Amos Black v. United StatesCourt of Appeals for the Ninth Circuit · 1959
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3Cited by87 opinions
- State v. JacksonOhio Supreme Court · 1980
- Thomas Lorenzo Williams v. Dr. George Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1966
- Troy Cooper v. C. J. FitzharrisCourt of Appeals for the Ninth Circuit · 1978
- Marcus T. Baumann v. United StatesCourt of Appeals for the Ninth Circuit · 1982
- Anthony Joseph Munich v. United StatesCourt of Appeals for the Ninth Circuit · 1964
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