Binion v. United States, 13655.
| Decision Date | 13 April 1953 |
| Docket Number | No. 13655.,13655. |
| Citation | 201 F.2d 498 |
| Parties | BINION v. UNITED STATES. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Foley & Foley, Las Vegas, Nev., for appellant.
Chauncey Tramutolo, U. S. Atty., Joseph Karesh and Robert F. Peckham, Asst. U. S. Attys., San Francisco, Cal., for appellee.
Before HEALY, BONE, and ORR, Circuit Judges.
Writ of Certiorari Denied April 13, 1953. See 73 S.Ct. 796.
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.
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Strand v. Schmittroth
...Henkel, 1910, 216 U.S. 483, 30 S.Ct. 255, 54 L.Ed. 579; United States v. Binion, D.C.D.Nev.1952, 13 F.R.D. 238, appeal dismissed, 9 Cir., 1953, 201 F.2d 498, certiorari denied 1953, 345 U.S. 935, 73 S.Ct. 796, 97 L.Ed. 1363 (removal of defendant from one district to another, being charged w......
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Strand v. Schmittroth
...§ 3655. 52 That such intention does not exist at all, see United States v. Binion, D.C., 13 F.R.D. 238, 243, appeal dismissed, 9 Cir., 201 F.2d 498, certiorari denied 345 U.S. 935, 73 S.Ct. 796, 97 L.Ed. 1363, where the court said: "Probation is not punishment. The court either suspends the......
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Galloway v. United States, 6964.
...of removal is not appealable. Without exception the adjudicated cases have held that a removal order is not appealable. Binion v. United States, 9 Cir., 201 F.2d 498, cert. denied 345 U.S. 935, 73 S.Ct. 796, 97 L.Ed. 1363; Meltzer v. United States, 9 Cir., 188 F.2d 916; Edelstein v. United ......