Legal Opinion

Charles Bassil Clements, Jr. v. United States

Court of Appeals for the Ninth Circuit

Decided January 7, 1959No. 16021PublishedCited by 36 opinions

1Opinion of the Court

JAMES ALGER FEE, Circuit Judge.

In an appeal from an order denying a motion to vacate sentence under 28 U.S. C.A. § 2255, three questions are raised. First, in the District Court, it was said the motion was denied without a hearing. Second, in the District Court and here, it is claimed that the statute of limitations, as amended, was not applicable to the situation. Lastly, it has been urged insistently that the crimes were committed while a three-year statute of limitations was in effect and that an amendment to that statute enacted well before three years had expired after such acts, which…

2Cases cited3 opinions

  1. Falter v. United StatesCourt of Appeals for the Second Circuit · 1928
  2. United States v. PowersSupreme Court of the United States · 1939
  3. United States v. KurzenknabeDistrict Court, D. New Jersey · 1955

3Cited by36 opinions

  1. United States v. GrimesCourt of Appeals for the Eleventh Circuit · 1998
  2. State v. HodgsonWashington Supreme Court · 1987
  3. State v. NortonUtah Supreme Court · 1983
  4. State v. O'NEILLIdaho Supreme Court · 1990
  5. United States v. Ronald C. Brechtel and Phillip H. GattusoCourt of Appeals for the Fifth Circuit · 1993

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