United States v. Deguirro

Decision Date02 October 1906
PartiesUNITED STATES v. DEGUIRRO et al.
CourtU.S. District Court — Northern District of California

DE HAVEN, District Judge.

The general reasoning found in the opinion of the Circuit Court of Appeals for this circuit in the case of Dastervignes v. United States, 122 F. 30, 58 C.C.A. 346, has created in my mind such doubt of the correctness of my prior decision in the case of United States v. Peter Camou, filed June 24, 1902 (not reported), that I deem it proper at this time to overrule the motion to defendants for an arrest of judgment; and if dissatisfied with this ruling, the defendants have the right to bring the question involved before the Circuit Court of Appeals for decision.

The motion in arrest of judgment will be denied, and each of the defendants fined in the sum of $20.

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6 cases
  • United States v. Grimaud
    • United States
    • U.S. District Court — Southern District of California
    • 3 Mayo 1909
  • UNITED STATES V. GRIMAUD
    • United States
    • U.S. Supreme Court
    • 3 Mayo 1911
    ...118 Fed.199; United States v. Shannon, 151 F. 863; ibid., 160 F. 870. They were also sustained in criminal prosecutions in United States v. Deguirro, 152 F. 568; United States v. Domingo, 152 F. 566; United States v. Bale, 156 F. 687; United States v. Rizzinelli, 182 F. 675. But the regulat......
  • United States v. Rizzinelli
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 24 Agosto 1910
    ... ... deepest concern, the constitutional question should, I think, ... be disposed of here, without extended discussion. It is one ... about which the trial courts are at variance. ( United ... States v. Domingo (C.C.) 152 F. 566; United States ... v. Deguirro (D.C.) 152 F. 568; United States v. Bale ... (D.C.) 156 F. 687; United States v. Matthews ... (D.C.) 146 F. 306; United States v. Grimaud ... (D.C.) 170 F. 205), and upon which, when recently ... presented, the court of last resort was equally divided ... ( United States v. Grimaud, ... ...
  • United States v. Louisville & N.R. Co.
    • United States
    • U.S. District Court — Northern District of Alabama
    • 15 Marzo 1910
    ... ... 616, 52 L.Ed. 1061; Red C. Oil Mfg. Co ... v. Board of Agriculture (C.C.) 172 F. 712; Southern ... Pac. Co. v. U.S., 171 F. 360, 96 C.C.A. 252; U.S. v ... Grimaud (D.C.) 170 F. 205; U.S. v. Matthews ... (D.C.) 146 F. 306; Dastervignes v. U.S., 122 F ... 30, 58 C.C.A. 346; U.S. v. Deguirro (D.C.) 152 F ... 568; U.S. v. Shannon (C.C.) 151 F. 863; U.S. v ... Maid (D.C.) 116 F. 650; U.S. v. Blasingame ... (D.C.) 116 F. 654 ... The ... sixth section of the act in question declares the violation ... of section 2 and of section 4 of the act to be a misdemeanor ... as ... ...
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