This document is a court case summary from 1956. It summarizes that the appellant pleaded guilty to four counts of conspiracy and violating narcotic laws. The appellant received a general sentence of 10 years across all counts, which was within the trial judge's authority as the appellant could have received a sentence of 5 years for each count, totaling 20 years. The court affirmed the sentence, citing precedent that a judge can impose a general sentence that is less than the total possible from each individual count but longer than any single count.
This document is a court case summary from 1956. It summarizes that the appellant pleaded guilty to four counts of conspiracy and violating narcotic laws. The appellant received a general sentence of 10 years across all counts, which was within the trial judge's authority as the appellant could have received a sentence of 5 years for each count, totaling 20 years. The court affirmed the sentence, citing precedent that a judge can impose a general sentence that is less than the total possible from each individual count but longer than any single count.
This document is a court case summary from 1956. It summarizes that the appellant pleaded guilty to four counts of conspiracy and violating narcotic laws. The appellant received a general sentence of 10 years across all counts, which was within the trial judge's authority as the appellant could have received a sentence of 5 years for each count, totaling 20 years. The court affirmed the sentence, citing precedent that a judge can impose a general sentence that is less than the total possible from each individual count but longer than any single count.
Charles L. Abernethy, Jr., New Bern, N. C., for appellant.
Robert L. Gavin, Asst. U. S. Atty., Greensboro, N. C. (Edwin M. Stanley, U. S. Atty., Greensboro, N. C., on the brief), for appellee. Before PARKER, Chief Judge, SOBELOFF, Circuit Judge, and BRYAN, District Judge. PER CURIAM.
This is an appeal from an order denying a motion under 28 U.S.C. 2255 to
vacate and set aside a sentence of imprisonment. Appellant had pleaded guilty to four counts of an indictment charging conspiracy to violate the narcotic laws and substantive offenses in violation thereof. He was subject to a sentence of five years' imprisonment under each of the counts to which he pleaded guilty or a total of twenty years. He was given a general sentence of ten years on all the counts and it is of this that he complains in the motion made under 28 U.S.C. 2255; but the imposition of such sentence was unquestionably within the power of the trial judge. As said by this court in Hamilton v. United States, 4 Cir., 204 F.2d 927, 928: "Appellant complains of the sentence because under a plea of guilty entered to several counts of an indictment the court imposed a sentence longer than might have been imposed under any one of the counts but less than the aggregate of the sentences that might have been imposed under all of them. This was unquestionably proper. Neely v. United States, 4 Cir., 2 F.2d 849."
United States of America Ex Rel. John H. Sullivan v. Chief Probation Officer of The Quarter Sessions Court and Commonwealth of Pennsylvania, 373 F.2d 332, 3rd Cir. (1967)
United States of America Ex Rel. Robert Samuel White v. Hon. Edward M. Fay, As Warden of Greenhaven State Prison, Stormville, New York, 349 F.2d 413, 2d Cir. (1965)
United States of America Ex Rel. Domingo Colon, Relator-Appellant v. Hon. Harold W. Follette (Successor to Hon. Edward M. Fay), Warden, Green Haven Prison, Stormville, New York, 366 F.2d 775, 2d Cir. (1966)
United States of America Ex Rel. Carl E. Deflumer, Jr. v. Vincent Mancusi, As Warden of Attica State Prison, Attica, New York, 380 F.2d 1018, 2d Cir. (1967)
United States of America Ex Rel. Oscar Bjornsen v. Honorable J. Edwin Lavallee, Warden of Auburn State Prison, Auburn, New York, 364 F.2d 489, 2d Cir. (1966)