Wilson v. United States, No. 13819.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtPER CURIAM
Citation205 F.2d 567
PartiesWILSON v. UNITED STATES.
Decision Date24 June 1953
Docket NumberNo. 13819.

205 F.2d 567 (1953)

WILSON
v.
UNITED STATES.

No. 13819.

United States Court of Appeals Ninth Circuit.

June 24, 1953.


Robert G. Closterman, Portland, Or., for appellant.

Henry L. Hess, U. S. Atty., Maurice v. Engelgau, Asst. U. S. Atty., Portland, Or., Lynn J. Gillard, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before BONE, ORR, and POPE, Circuit Judges.

PER CURIAM.

Appellant has renewed his application for admission to bail pending appeal, previous application to that end having been disallowed by both the District Court and by this Court. Upon argument before the Court appellant has urged that the appeal presents a substantial question.

Appellant was convicted and sentenced under the Act of November 2, 1951, Public Law 255, Ch. 666, 82nd Cong., First Sess., 65 Stat. 767, relating to the importation, transportation and sale of narcotic drugs. The appellant admitted two prior convictions and in consequence upon his conviction for the third offense, his punishment was fixed at imprisonment for the longer period of time prescribed in the Act. Appellant says that the substantial question is whether the Act referred to permits such an extended term of imprisonment to be imposed where the convictions as here were prior to the enactment of the Act. He

argues that the Act must be construed to mean that the prior convictions therein referred to are convictions which took place after the Act was enacted; that if it be otherwise construed its application is ex post facto.

We think that the Act under which the appellant was tried and convicted clearly applied in his case notwithstanding his prior convictions antedated the Act. The Act, so construed, is not subject to any constitutional infirmity. McDonald v. Massachusetts, 180 U.S. 311, 21 S.Ct. 389, 45 L.Ed. 542. We find no substantial question here present.

The application for admission to bail is denied.

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4 practice notes
  • State v. Oliver
    • United States
    • Superior Court of New Jersey
    • November 8, 1996
    ...Cir.1977), cert. denied, 435 U.S. 906, 98 S.Ct. 1453, 55 L.Ed.2d 497 (1978); Pettway v. U.S., 216 F.2d 106 (6th Cir.1954); Wilson v. U.S., 205 F.2d 567 (9th Cir.1953); Beland v. U.S., 128 F.2d 795 (5th Cir.1942), cert. denied, 317 U.S. 676, 63 S.Ct. 157, 87 L.Ed. 543 (1942), reh'g denied, 3......
  • State v. Owens
    • United States
    • Superior Court of Delaware
    • December 1, 1953
    ...offense committed subsequent to its passage. Gryger v. Burke, Warden, 334 U.S. 728, 68 S.Ct. 1256, 92 L.Ed. 1683; Wilson v. U. S., 9 Cir., 205 F.2d 567; Cases v. U. S., 1 Cir., 131 F.2d But the application of a statute increasing the punishment for a crime, after the commission of that crim......
  • NATIONAL LABOR RELATIONS BOARD v. Piedmont Cotton Mills, No. 12864.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 30, 1953
    ...if possible. Within the time fixed by, and in accordance with, the directions of the court, the bargaining negotiations ordered were begun 205 F.2d 567 and carried on in good faith until both bargainers had reached the conclusion and had declared that an agreement could not be Thereafter th......
  • Wilson v. United States, No. 13819.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 3, 1954
    ...court adversely to him upon Wilson's petition for bail pending appeal, as appears in our opinion filed in Wilson v. United States, 9 Cir., 205 F.2d 567. The judgment is...
4 cases
  • State v. Oliver
    • United States
    • Superior Court of New Jersey
    • November 8, 1996
    ...Cir.1977), cert. denied, 435 U.S. 906, 98 S.Ct. 1453, 55 L.Ed.2d 497 (1978); Pettway v. U.S., 216 F.2d 106 (6th Cir.1954); Wilson v. U.S., 205 F.2d 567 (9th Cir.1953); Beland v. U.S., 128 F.2d 795 (5th Cir.1942), cert. denied, 317 U.S. 676, 63 S.Ct. 157, 87 L.Ed. 543 (1942), reh'g denied, 3......
  • State v. Owens
    • United States
    • Superior Court of Delaware
    • December 1, 1953
    ...offense committed subsequent to its passage. Gryger v. Burke, Warden, 334 U.S. 728, 68 S.Ct. 1256, 92 L.Ed. 1683; Wilson v. U. S., 9 Cir., 205 F.2d 567; Cases v. U. S., 1 Cir., 131 F.2d But the application of a statute increasing the punishment for a crime, after the commission of that crim......
  • NATIONAL LABOR RELATIONS BOARD v. Piedmont Cotton Mills, No. 12864.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 30, 1953
    ...if possible. Within the time fixed by, and in accordance with, the directions of the court, the bargaining negotiations ordered were begun 205 F.2d 567 and carried on in good faith until both bargainers had reached the conclusion and had declared that an agreement could not be Thereafter th......
  • Wilson v. United States, No. 13819.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 3, 1954
    ...court adversely to him upon Wilson's petition for bail pending appeal, as appears in our opinion filed in Wilson v. United States, 9 Cir., 205 F.2d 567. The judgment is...

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