Legal Opinion

United States v. Roy Milton Birmingham

Court of Appeals for the Tenth Circuit

Decided September 2, 1971No. 71-1030_1PublishedCited by 26 opinions

1Opinion of the Court

HILL, Circuit Judge.

Birmingham appeals his conviction alleging certain instructions given the jury by the trial court constitute reversible error. He further contends the instructions constitute “plain error” under F.R.Crim.P. Rule 52(b), thereby requiring this court’s review without his having preserved the question for appeal by objection to the trial court.

Appellant was convicted by a jury of violation of 21 U.S.C. § 174 alleging the sale of a quantity of narcotic drugs knowing it to have been imported and brought into the United States contrary to law. He was sentenced to ten years’…

2Cases cited18 opinions

  1. Raymond E. McMillen Jr. v. United States of America, Douglas Gruchy v. United StatesCourt of Appeals for the First Circuit · 1967
  2. United States v. Alfred ManuszakCourt of Appeals for the Third Circuit · 1956
  3. United States v. John Joseph MeischCourt of Appeals for the Third Circuit · 1966
  4. United States v. Edsel GriffinCourt of Appeals for the Sixth Circuit · 1967
  5. Daniel Harold Griego v. United StatesCourt of Appeals for the Tenth Circuit · 1962

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

3Cited by26 opinions

  1. Cupp v. NaughtenSupreme Court of the United States · 1973
  2. United States v. Theodore J. Isaacs and Otto Kerner, Jr.Court of Appeals for the Seventh Circuit · 1974
  3. United States v. Carl SkolekCourt of Appeals for the Tenth Circuit · 1973
  4. United States v. Arthur Eugene ShepherdCourt of Appeals for the Tenth Circuit · 1984
  5. Fed. Sec. L. Rep. P 94,326 United States of America v. Richard MacKay and Chester BrewerCourt of Appeals for the Tenth Circuit · 1974

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API