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In the Matter of S

11 Cited authorities

  1. United States v. Morgan

    346 U.S. 502 (1954)   Cited 1,889 times   1 Legal Analyses
    Holding that writ of error coram nobis was appropriate vehicle for prisoner's request that prior conviction be vacated for failure to advise him of his right to counsel, and where "no other remedy [was] then available and sound reasons exist[ed] for failure to seek appropriate earlier relief"

  2. Kercheval v. United States

    274 U.S. 220 (1927)   Cited 997 times
    Holding petitioner's initial guilty plea to mail fraud, later vacated by district court at request of petitioner, could not then be put before a jury at trial as evidence of petitioner's guilt

  3. United States v. Lias

    173 F.2d 685 (4th Cir. 1949)   Cited 31 times
    In United States v. Lias, 173 F.2d 685 (4th Cir. 1949), the court's opinion by the late Judge Parker in persuasive dictum upheld the granting of the motion to withdraw a guilty plea where the district judge found manifest injustice on the defendant's affidavit that his plea was based on a belief that he would receive probation and his insistence that he was not guilty. Judge Parker stated the district court acted properly "if as a result of what the judge had said, the defendant was misled into pleading guilty under the belief that he would receive probation."

  4. United States v. Esperdy

    267 F.2d 72 (2d Cir. 1959)   Cited 14 times
    In Piperkoff, we did not deal with the effect of the 1954 recommendation, since the alien there conceded that it was ineffective because notice was not given. Moreover, in that case the sentencing court had not, as here, assumed the burden of giving such notice.

  5. United States v. Shapiro

    222 F.2d 836 (7th Cir. 1955)   Cited 12 times

    No. 11430. May 26, 1955. Timothy T. Cronin, U.S. Atty., Howard W. Hilgendorf, Asst. U.S. Atty., Milwaukee, Wis., for appellant. A.L. Skolnik, Milwaukee, Wis., Richard G. Finn, Chicago, Ill., for appellee. Before MAJOR, LINDLEY and SWAIM, Circuit Judges. SWAIM, Circuit Judge. This case comes to this court on a motion by the defendant, Michael Shapiro, to dismiss the appeal filed by the Government from a judgment entered by the Honorable Patrick T. Stone, Judge of the United States District Court for

  6. United States v. Davis

    13 F.2d 630 (2d Cir. 1926)   Cited 19 times
    Noting that it was evident from both the language and legislative history of the statute at issue that the act did not allow determinations to be made nunc pro tunc

  7. United States v. Flynn

    11 F.2d 899 (W.D.N.Y. 1926)   Cited 6 times

    February 6, 1926. On Motion for Rehearing, March 15, 1926. John Leo Sullivan, of Dunkirk, N.Y., for petitioner. Richard H. Templeton, U.S. Atty., of Buffalo, N.Y. (Percy R. Smith, Asst. U.S. Atty., of Buffalo, N.Y., of counsel), opposed. Habeas Corpus. Proceeding by the United States, on the relation of Giovanni Arcara, against William Flynn, Director of Immigration, in charge at Buffalo, N.Y. Writ dismissed. HAZEL, District Judge. This is a second application for a writ of habeas corpus. On the

  8. Section 2 - Principals

    18 U.S.C. § 2   Cited 24,515 times   59 Legal Analyses
    Holding aiders and abettors punishable as principals under federal criminal law

  9. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,159 times   1 Legal Analyses
    Delineating crimes that make alien deportable

  10. Section 145 - Qualified 501(c)(3) bond

    26 U.S.C. § 145   Cited 416 times

    (a) In general For purposes of this part, except as otherwise provided in this section, the term "qualified 501(c)(3) bond" means any private activity bond issued as part of an issue if- (1) all property which is to be provided by the net proceeds of the issue is to be owned by a 501(c)(3) organization or a governmental unit, and (2) such bond would not be a private activity bond if- (A) 501(c)(3) organizations were treated as governmental units with respect to their activities which do not constitute

  11. Section 550 - False claim for refund of duties

    18 U.S.C. § 550   Cited 149 times

    Whoever knowingly and willfully files any false or fraudulent entry or claim for the payment of drawback, allowance, or refund of duties upon the exportation of merchandise, or knowingly or willfully makes or files any false affidavit, abstract, record, certificate, or other document, with a view to securing the payment to himself or others of any drawback, allowance, or refund of duties, on the exportation of merchandise, greater than that legally due thereon, shall be fined under this title or