Legal Opinion

Miller v. United States

District Court, N.D. Ohio

Decided April 13, 1970No. C 69-666PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

BATTISTI, Chief Judge.

On March 9, 1970, this Court granted petitioner’s motion pursuant to 28 U.S.C., § 2255 to vacate his conviction and sentence under 26 U.S.C., § 4744(a), the Marijuana Tax Act, and to withdraw his plea of guilty, and ordered him released from federal custody. Herein are the findings of fact and conclusions of law upon which the Court determined to grant said relief.

Petitioner, Dale Miller, was arrested on February 15, 1967, for an alleged violation of 26 U.S.C., § 4744(a), which states that:

“It shall be unlawful for any person who is a transferee…

2Cases cited25 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Boykin v. AlabamaSupreme Court of the United States · 1969
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Mapp v. OhioSupreme Court of the United States · 1961
  5. Bruton v. United StatesSupreme Court of the United States · 1968

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3Cited by6 opinions

  1. United States v. John A. LiguoriCourt of Appeals for the Second Circuit · 1970
  2. Ex Parte TaylorCourt of Criminal Appeals of Texas · 1972
  3. Richard Gordon Bannister v. United StatesCourt of Appeals for the Third Circuit · 1971
  4. Dale Miller v. United StatesCourt of Appeals for the Sixth Circuit · 1971
  5. Richard Gordon Bannister v. United StatesCourt of Appeals for the Third Circuit · 1971

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