Legal Opinion

Melvin Tanzer v. United States

Court of Appeals for the Ninth Circuit

Decided May 31, 1960No. 16425PublishedCited by 16 opinions

1Opinion of the Court

MERRILL, Circuit Judge.

For violation of the Narcotic Drugs Import and Export Act, 21 U.S.C.A. § 174, the minimum sentence for a first offender is five years and that for a second offender is ten years. Since 1956, neither probation nor parole is available. 26 U.S.C. § 7237(d).

In 1952, Tanzer pleaded guilty to a violation of § 174. 1 The imposition of sentence was suspended. He was placed on probation and successfully fulfilled the probation terms. In 1957, Tanzer, after trial, was found guilty of a second violation of the section. 2 The question raised by this appeal is whether, considering…

2Cases cited22 opinions

  1. Burns v. United StatesSupreme Court of the United States · 1932
  2. United States v. MurraySupreme Court of the United States · 1928
  3. Korematsu v. United StatesSupreme Court of the United States · 1943
  4. Singer v. United StatesCourt of Appeals for the Third Circuit · 1922
  5. State v. O'DELLIdaho Supreme Court · 1950

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

3Cited by16 opinions

  1. State v. ReedSupreme Court of New Jersey · 1961
  2. United States v. Joseph Samuel Kinsey, United States of America v. Albert KinseyCourt of Appeals for the Ninth Circuit · 1988
  3. David A. Davis v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1976
  4. Jackson v. StateMississippi Supreme Court · 1980
  5. State v. LarranagaNew Mexico Supreme Court · 1967

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

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