Legal Opinion
Fred Stein v. United States
Court of Appeals for the Ninth Circuit
Decided December 13, 1962No. 18137PublishedCited by 59 opinions
1Opinion of the Court
SOLOMON, District Judge.
The principal issue in this case is whether a conspiracy count in an indictment is void for want of an allegation of an essential element of the substantive offense.
Appellant filed a motion under 28 U.S. C.A. § 2255 to vacate a judgment of conviction and sentence based upon a violation of the federal narcotics law. From an order denying his motion, he appeals.
Appellant was indicted on six counts for trafficking in unlawfully imported narcotics in violation of 21 U.S.C.A. § 174. Count I alleged conspiracy, and the other five counts alleged substantive offenses. The jury…
2Cases cited29 opinions
- Snyder v. MassachusettsSupreme Court of the United States · 1934
- Hagner v. United StatesSupreme Court of the United States · 1932
- Wong Tai v. United StatesSupreme Court of the United States · 1927
- Williamson v. United StatesSupreme Court of the United States · 1908
- Bernardino Chirez Hernandez v. United StatesCourt of Appeals for the Ninth Circuit · 1962
24 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- United States v. Roy B. Kelly, Cecil v. Hagen and Milton J. ShuckCourt of Appeals for the Second Circuit · 1965
- United States v. Hugh MacLeod Pheaster, United States of America v. Angelo IncisoCourt of Appeals for the Ninth Circuit · 1976
- State v. ChristensenArizona Supreme Court · 1981
- Pedro Rodriquez Bustamante v. Frank A. Eyman, Superintendent, Arizona State PrisonCourt of Appeals for the Ninth Circuit · 1972
- Houser v. United StatesCourt of Appeals for the Eighth Circuit · 1974
54 more not listed; retrieve them via the Exa API.