UNITED STATES v. BLUE

No. 20007.

350 F.2d 267 (1965)

UNITED STATES of America, Appellant, v. Ben BLUE, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 15, 1965.


Attorney(s) appearing for the Case

Manuel L. Real, U. S. Atty., John K. Van de Kamp, Asst. U. S. Atty., Chief, Crim. Div., J. Brin Schulman, Asst. U. S. Atty., Asst. Chief, Crim. Div., Los Angeles, Cal., for appellant.

Ernest Mortensen, Mortensen & Maxwell, Pasadena, Cal., for appellee.

Before JERTBERG, Circuit Judge, MADDEN, Judge, Court of Claims, and DUNIWAY, Circuit Judge.


DUNIWAY, Circuit Judge:

The United States moves that we certify this appeal to the Supreme Court of the United States, pursuant to the provisions of the Criminal Appeals Act, as amended, 18 U.S.C. § 3731. The appellee, Ben Blue, opposes the motion and moves that we dismiss the appeal. We deny Blue's motion and grant the government's motion.

1. The factual background.

On August 5, 1964 Blue was indicted on 6 counts. The first 3 counts...

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