Legal Opinion

United States v. Marco Alfonso Ramirez

Court of Appeals for the Ninth Circuit

Decided July 5, 1977No. 75-1395PublishedCited by 15 opinions

1Opinion of the Court

HUFSTEDLER, Circuit Judge:

Ramirez’ appeal presents this important constitutional question: Does the Fifth Amendment require that a prosecution for a misdemeanor be initiated by indictment when the defendant can be sentenced under the Federal Youth Corrections Act (18 U.S.C. § 5010(b))? We hold that a defendant who is potentially subject to the extended confinement prescribed by the Youth Corrections Act is thus subject to *910“infamous punishment” for which an indictment is required by the Fifth Amendment.

Ramirez was charged, by information, with possession of a controlled substance in violation…

2Cases cited30 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. In Re GAULTSupreme Court of the United States · 1967
  4. McKeiver v. PennsylvaniaSupreme Court of the United States · 1971
  5. Dorszynski v. United StatesSupreme Court of the United States · 1974

25 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. United States v. Winston C. Graham A/K/A Vincent Graham, A/K/A Michael Diamond A/K/A Tyrone L. Simmons, Winston C. GrahamCourt of Appeals for the Third Circuit · 1999
  2. United States v. Indian Boy XCourt of Appeals for the Ninth Circuit · 1977
  3. United States v. Julienne Jesse MayCourt of Appeals for the Ninth Circuit · 1980
  4. United States v. Alejandro Robles-RodriguezCourt of Appeals for the Ninth Circuit · 2002
  5. United States v. Jerome F. Donelson, United States of America v. Andre WashingtonCourt of Appeals for the D.C. Circuit · 1982

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API