Legal Opinion
United States v. Charles Edward Benner
Court of Appeals for the Ninth Circuit
Decided October 13, 1969No. 23026_1PublishedCited by 12 opinions
1Opinion of the Court
RUSSELL E. SMITH, District Judge.
On June 10, 1969, we filed an opinion in this case affirming the judgment. Thereafter, we granted a rehearing. The opinion filed on June 10 is withdrawn.
Defendant was charged with and convicted of illegally possessing under 26 U.S.C. § 5851, a firearm 1 which had been made in violation of 26 U.S.C. § 5821, requiring that one who intends to make a firearm declare his intention to so do and pay a tax. 2
The sole problem on this appeal is whether, as applied to the defendant here who made the firearm, 3 §§ 5851 and 5821 of Title 26 U.S.C. as they operate together…
2Cases cited25 opinions
- Leary v. United StatesSupreme Court of the United States · 1969
- Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
- Marchetti v. United StatesSupreme Court of the United States · 1968
- Grosso v. United StatesSupreme Court of the United States · 1968
- Haynes v. United StatesSupreme Court of the United States · 1968
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3Cited by12 opinions
- United States v. Clyde Marvin Thompson, Jr.Court of Appeals for the Third Circuit · 1970
- Meadows v. United StatesCourt of Appeals for the Ninth Circuit · 1969
- United States v. DavisDistrict Court, D. Connecticut · 1970
- Alexander Desimone v. United StatesCourt of Appeals for the Second Circuit · 1970
- United States v. Clifford ValentineCourt of Appeals for the Eighth Circuit · 1970
7 more not listed; retrieve them via the Exa API.