White v. Steigleder
| Citation | 37 F.2d 858 |
| Parties | WHITE, Warden, v. STEIGLEDER. |
| Decision Date | 24 January 1930 |
| Court | United States Courts of Appeals. United States Court of Appeals (10th Circuit) |
Alton H. Skinner, Asst. U. S. Atty., of Topeka, Kan. (Al F. Williams, U. S. Atty., of Topeka, Kan., on the brief), for appellant.
Charles A. Coakley, of Tulsa, Okl. (Walter I. Biddle, of Leavenworth, Kan., C. B. Stuart, of Oklahoma City, Okl., and E. J. Doerner, of Tulsa, Okl., on the brief), for appellee.
Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.
This appeal is brought by appellant as warden of the penitentiary at Leavenworth, Kan., to obtain a reversal of an order of the District Court for Kansas, granting to the appellee a writ of habeas corpus for his discharge, subject to terms of probation.
The appellee was convicted on eight counts of an indictment for violations of the National Banking Act in the Northern District of Oklahoma. He was there sentenced to serve a term of one year and a day and pay a fine of $2,500 on the first count. He was further sentenced to serve a term of five years and pay a fine of $100 on each of the other counts, the sentences to run concurrently and begin at the expiration of sentence on the first count. The convictions were affirmed on appeal. Steigleder v. United States (C. C. A.) 25 F.(2d) 959. Thereafter, at a hearing of defendant's application for probation, it was ordered that a commitment be issued for service of the sentence by the defendant on the first count of the indictment, and probation was granted for his release on the other counts, until further order and during good behavior.
His petition for the writ of habeas corpus which he filed in the District Court for Kansas recites he had served the sentence required on the first count of the indictment and an additional 30 days on account of the fine therein imposed, and is entitled to a discharge by virtue of the probation order applicable to the other counts. The warden moved to dismiss the cause and deny the discharge for want of jurisdiction in the Oklahoma District Court to suspend execution of any part of the original sentence. The case was heard, and, the warden electing to stand on his motion, appellee was discharged, subject to the probation terms.
It is conceded the appellee had fully served the sentence and was exonerated from the fine imposed under the first count of the indictment. The question involved is whether the trial court had the power, after the sentence term and affirmance of the convictions, to grant the probation, effective in the future as to the last seven counts, after completion of the sentence on the first count. We conceive of no sound reason why this may not be done.
The Probation Act (43 Stat. 1259 18 USCA §§ 724-727) confers the power on the Federal Courts to suspend a sentence or grant probation after conviction, or a plea of guilty or nolo contendere. The act was construed by the Supreme Court as meaning that the power might be exercised...
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Phillips v. United States
...and Cook cases, 275 U.S. 347, 358, 48 S.Ct. 146, 72 L.Ed. 309. In 1930 the Circuit Court of Appeals of the Tenth Circuit in White v. Steigleder, 37 F.2d 858, expressed the view that a District Court could grant probation to a prisoner with respect to the completely unserved portions of a cu......
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Affronti v. United States
...in accord with the Eighth Circuit on this question. Mann v. United States, 218 F.2d 936. Th Tenth Circuit, obiter dictum, in White v. Steigleder, 37 F.2d 858, 859, is in accord with the Ninth Circuit. See also Kelley v. United States, 10 Cir., 209 F.2d 638. 4 43 Stat. 1259. 5 The power exte......
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Kirk v. United States
...States, 7 Cir., 10 F.2d 762; Ackerson v. United States, 2 Cir., 15 F.2d 268; Evans v. District Judge, 6 Cir., 12 F.2d 64; White v. Steigleder, 10 Cir., 37 F.2d 858; Gaston v. United States, 79 U.S.App.D. C. 37, 143 F.2d 6 McNally v. Hill, 293 U.S. 131, 55 S.Ct. 24, 79 L.Ed. 238; and see Web......
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United States v. Thompson
...execution on certain of the counts, with the period of probation to begin at the expiration of the executed sentence. In White v. Steigleder, 10 Cir., 37 F.2d 858, the court held that for purposes of the Probation Act the sentences should be treated as completely separate. We at first took ......