Legal Opinion
Binion v. United States
Court of Appeals for the Ninth Circuit
Decided April 13, 1953No. 13655PublishedCited by 12 opinions
1Per curiam
This is a motion to dismiss an appeal from an order or warrant of removal issued pursuant to Rule 40(b) (3) of the Federal Rules of Criminal Procedure, 18 U.S. C.A., providing for removal in cases where the prosecution is 'by indictment. We have recently held in Meltzer v. United States, 9 Cir., 188 F.2d 916, that an order of removal in such cases is not appealable. In any event, in light of the mandatory provision of the Rule referred to, the appeal is frivolous and is subject to dismissal on that ground.
The appeal is accordingly dismissed.
2Cases cited1 opinion
- Meltzer v. United StatesCourt of Appeals for the Ninth Circuit · 1951
3Cited by12 opinions
- Bert Strand, Sheriff of San Diego County, State of California v. William SchmittrothCourt of Appeals for the Ninth Circuit · 1957
- United States v. Richard Alvin Woodring, AKA Carlton D. Woodring, AKA Dee BurkeCourt of Appeals for the Tenth Circuit · 1971
- United States v. MelekhDistrict Court, S.D. New York · 1960
- Bert Strand, Sheriff of San Diego County, State of California v. William SchmittrothCourt of Appeals for the Ninth Circuit · 1956
- United States v. WinstonDistrict Court, S.D. New York · 1967
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