Legal Opinion

United States v. James Howard Stewart

Court of Appeals for the Sixth Circuit

Decided June 7, 1976No. 75--1879PublishedCited by 62 opinions

1Opinion of the Court

PHILLIPS, Chief Judge.

The question presented on this appeal is whether the statutory provisions for an in creased sentence for dangerous special offenders, 18 U.S.C. § 3575(b) and (f), a part of Title X of the Organized Crime Control Act of 1970, 84 Stat. 922, 948-52, is unconstitutionally vague.

The District Court ruled that the statute is unconstitutional, on the ground that it is impermissively vague in both its application provisions and its sentencing provisions. The Government appeals, pursuant to 18 U.S.C. § 3576. We reverse.

On January 13, 1975, defendant-appellee, James Howard Stewart,…

2Cases cited26 opinions

  1. Williams v. New YorkSupreme Court of the United States · 1949
  2. National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
  3. United States v. HarrissSupreme Court of the United States · 1954
  4. Flemming v. NestorSupreme Court of the United States · 1960
  5. Iannelli v. United StatesSupreme Court of the United States · 1975

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

3Cited by62 opinions

  1. Schall v. MartinSupreme Court of the United States · 1984
  2. United States of America, Cross-Appellant v. Gary Bowdach, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1977
  3. United States v. George Tom Darby, Constantine Yamanis, Vincent Calise, and Michael YamanisCourt of Appeals for the Eleventh Circuit · 1984
  4. United States v. Joseph Samuel Kinsey, United States of America v. Albert KinseyCourt of Appeals for the Ninth Circuit · 1988
  5. United States v. FaticoDistrict Court, E.D. New York · 1978

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

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