Legal Opinion

United States v. Brian Binger

Court of Appeals for the Ninth Circuit

Decided October 24, 1972No. 71-2236PublishedCited by 5 opinions

1Opinion of the Court

CHOY, Circuit Judge:

Brian Binger was convicted by a jury of the illegal transfer of opium and appeals. Count I charged the illegal distribution of 1.7 grams of opium without the required Treasury stamp, in violation of 26 U.S.C. § 4704(a). Counts II, III and IV charged the illegal distribution and sale of 2.1 pounds of opium, in violation of 21 U.S.C. § 174, 26 U.S.C. §§ 4704(a) and 4705(a). We affirm.

Binger asserts several errors, only one of which merits discussion.

The indictment originally charged Binger and three other persons. Before Binger’s trial, all three, including a Vernon Rose,…

2Cases cited3 opinions

  1. Willis K. Baker, Jr., and Mervin "Bud" Cornelsen v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  2. J. B. Isaac v. United StatesCourt of Appeals for the Ninth Circuit · 1970
  3. United States v. Charles Edwin CanadayCourt of Appeals for the Ninth Circuit · 1972

3Cited by5 opinions

  1. United States v. Gary HalbertCourt of Appeals for the Ninth Circuit · 1981
  2. United States v. J. Richard BarberCourt of Appeals for the Fourth Circuit · 1982
  3. Commonwealth v. CrestaMassachusetts Appeals Court · 1975
  4. United States v. Joseph D. SolomonCourt of Appeals for the Ninth Circuit · 1986
  5. United States v. Peter PetsasCourt of Appeals for the Ninth Circuit · 1979

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