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Sullivan v. United States, 348 U.S. 170 (1954)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Sullivan v. United States, 348 U.S. 170 (1954)
Sullivan v. United States No. 64 Argued November 8, 1954 Decided December 6, 1954 348 U.S. 170
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
Syllabus
1. The provision of 26 U.S.C. § 3740 barring suits for the recovery of taxes unless the Attorney General directs that the suit be commenced applies only to civil suits, and not to criminal proceedings, and does not vitiate indictments based on evidence which a United States Attorney presented to the grand jury without the authorization of the Attorney General. Pp. 171-172.
2. Section 5 of Executive Order No. 6166, and Circular Letter No. 2431 of the Department of Justice, did not limit the action of the grand jury in respect to cases concerning violations of the internal revenue laws, and the grand jury in this case was free to consider the evidence which was presented to it by the United States Attorney without authorization of the Attorney General. Pp. 172-174.
3. The District Court did not abuse its discretion in denying petitioner’s motion, after sentence, for leave to withdraw his pleas of nolo contendere, since petitioner failed to show the "manifest injustice" which, under Rule 32(d) of the Federal Rules of Criminal Procedure, would warrant permitting him to withdraw his pleas. Pp. 174-175.
212 F.2d 125 affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Sullivan v. United States, 348 U.S. 170 (1954) in 348 U.S. 170 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=Z93R7DV6L1U57B8.
MLA: U.S. Supreme Court. "Syllabus." Sullivan v. United States, 348 U.S. 170 (1954), in 348 U.S. 170, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=Z93R7DV6L1U57B8.
Harvard: U.S. Supreme Court, 'Syllabus' in Sullivan v. United States, 348 U.S. 170 (1954). cited in 1954, 348 U.S. 170. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=Z93R7DV6L1U57B8.
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