U.S. v. Minor, 83-5152
| Decision Date | 18 February 1986 |
| Docket Number | No. 83-5152,83-5152 |
| Citation | 783 F.2d 154 |
| Parties | 1986 Copr.L.Dec. P 25,986 UNITED STATES of America, Plaintiff-Appellee, v. William Richard MINOR, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Charles C. Lee, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.
T.J. Pantaleo, Eric S. Engel, Pantaleo & Kudon, Los Angeles, Cal., for defendant-appellant.
Appeal from the United States District Court for the Central District of California; Manuel L. Real, Chief Judge.
Before BROWNING, Chief Judge, KENNEDY and ALARCON, Circuit Judges.
Minor was convicted of violations of 17 U.S.C. Sec. 506(a), 18 U.S.C. Sec. 2314, and 18 U.S.C. Sec. 371. We affirmed, United States v. Minor, 756 F.2d 731 (9th Cir.1985) (per curiam), but stayed the mandate pending disposition by the Supreme Court of Dowling v. United States, 84-589, involving Minor's co-defendant, Paul Dowling. The Court reversed Dowling's conviction under 18 U.S.C. Sec. 2314, holding the statute does not apply to the interstate transportation of "bootleg" phonorecords manufactured and distributed without the consent of the copyright owners. Dowling v. United States, --- U.S. ----, 105 S.Ct. 3127, 87 L.Ed.2d 152 (1985). The Court then granted certiorari in this case, vacated our judgment, and remanded for reconsideration in light of Dowling, --- U.S. ----, 106 S.Ct. 401, 88 L.Ed.2d 353 (1985). On the basis of Dowling, we reverse Minor's conviction for violation of Sec. 2314 (counts 8 and 9). We affirm his conviction on the remaining counts for the reasons stated in our original opinion.
To continue reading
Request your trial
-
Williams v. State
... ... New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980); United States v. Minor, 756 F.2d 731 (9th Cir.), vacated on other grounds, 474 U.S. 991, 106 S.Ct. 401, 88 L.Ed.2d 353 ... From the record before us, we are persuaded that the objectionable testimony was elicited and allowed for no reason except to ... ...
-
U.S. v. Hartsell
... ... Few of these arguments are explained or substantiated, and none persuades us that a reversal of the appellants' convictions or sentences is required. In this opinion, we will ... See United States v. Minor, 756 F.2d 731, 737 (9th Cir.), cert. granted, judgment vacated by 474 U.S. 991, 106 S.Ct. 401, 88 ... ...
-
King v. State
... ... Texas v. Brown, supra; Payton v. New York, supra; United States v. Minor, 756 F.2d 731 (9th Cir.), vacated on other ground, 474 U.S. 991, 106 S.Ct. 401, 88 L.Ed.2d 353 ... ...
-
U.S. v. Minor
...reversed Minor's conviction on the two section 2314 counts and affirmed his convictions on the remaining counts. United States v. Minor, 783 F.2d 154 (9th Cir.1986) (Minor II ). On March 6, 1986, Minor filed a motion for retention of the mandate and for leave to file a motion for reconsider......