Shapiro v. United States

Decision Date02 January 1912
Docket Number1,777.
Citation196 F. 268
PartiesSHAPIRO v. UNITED STATES.
CourtU.S. Court of Appeals — Seventh Circuit

In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois.

Criminal prosecution by the United States against David Shapiro. Judgment of conviction, and defendant brings error. Reversed.

Willard M. McEwen, for plaintiff in error.

James H. Wilkerson and Harry A. Parkin, for the United States.

Before BANKER, SEAMAN, and KOHLSAAT, Circuit nd KOHLSAAT, Circuit Judges.

PER CURIAM.

The judgment from which this writ of error is is brought pronounces, upon a finding of guilty as charged in the indictment, that the plaintiff in error be imprisoned in a penitentiary for two years and pay a fine of $10,000 besides the costs, under an indictment charging in several counts various violations of the internal revenue statutes, with a plea of nolo contendere tendered as the only plea thereunder. The errors assigned are identical with those assigned in Tucker v. United States (No. 1,776) 196 F. 260, 115 C.C.A. . . . , decided herewith, and no distinction from the indictment and record of proceedings there presented and considered appears in the present case, in so far as material for decision. So the opinion and ruling therein is applicable to this writ, and the judgment of the District Court is reversed, accordingly, and the cause is remanded, with direction either to accept or refuse acceptance of the nolo contendere plea as tendered, and proceed further in conformity with law.

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4 cases
  • North Carolina v. Alford, 14
    • United States
    • United States Supreme Court
    • 17 Noviembre 1969
    ...into their actual guilt. See Notes of Advisory Committee to Rule 11. 9 Blum v. United States, 196 F. 269 (CA7 1912); Shapiro v. United States, 196 F. 268 (CA7 1912); Tucker v. United States, 196 F. 260 (CA7 1912). 10 Because of the importance of protecting the innocent and of insuring that ......
  • Tucker v. United States
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 2 Enero 1912
  • Hudson v. United States, 307
    • United States
    • United States Supreme Court
    • 22 Noviembre 1926
    ...is supported by Tucker v. United States (C. C. A. 7th) 196 F. 260, 116 C. C. A. 62, 41 L. R. A. (N. S.) 70, Shapiro v. United States (C. C. A. 7th) 196 F. 268, 116 C. C. A. 70, Blum v. United States (C. C. A. 7th) 196 F. 269, 116 C. C. A. 71, in which sentences of imprisonment on the plea o......
  • Hudson v. United States
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • 3 Diciembre 1925
    ...imprisonment and therefore discretionary with the court. Yet the reasoning in that case and in the companion case of Shapiro v. United States, 196 F. 268, 116 C. C. A. 70; Id., 235 U. S. 412, 35 S. Ct. 122, 59 L. Ed. 291, shows the rule which (a) The plea of nolo contendere is not applicabl......

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