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201 F.2d 498

Docket No. 13655.

Binion v. United States

Ninth Circuit Court of Appeals

Decided Jan. 6, 1953.

Writ of Certiorari Denied April 13, 1953.

Ninth Circuit Court of Appeals · decided 1953-01-06

2 counsel of record

Relies on Bankers Life & Casualty Co. v. Holland · Meltzer v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1953-01-06

How this case has been cited

Cited by 21 later decisions — most recently July 2015

17 federal appellate ·

901953196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1See 73 S.Ct 796.

¶2Foley & Foley, Las Vegas, Nev., for appellant.

¶3Chauncey Tramutolo, U. S. Atty., Joseph Karesh and Robert F. Peckham, Asst. *499U. S. Attys., San Francisco, Cal., for appellee.

¶4Before HEALY, BONE, and ORR, Circuit Judges.

¶5PER CURIAM.

¶6This 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.

¶7The appeal is accordingly dismissed.

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