Barde v. United States, 12410.
| Decision Date | 04 June 1955 |
| Docket Number | No. 12410.,12410. |
| Citation | 224 F.2d 959 |
| Parties | Claude C. BARDE, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Claude C. Barde, in pro. per., Leavenworth, Kan., William H. Bur, Cincinnati, Ohio (appointed by the court), for appellant.
Wendell A. Miles, Grand Rapids, Mich., for appellee.
Before SIMONS, Chief Judge, and ALLEN and McALLISTER, Circuit Judges.
Appellant seeks review of an order of the district court denying his motion to correct sentence. His appeal is based upon the claim that the actual punishment imposed rather than the maximum punishment provided by statute determines whether a given offense is a felony or a misdemeanor. The law is to the contrary. Cartwright v. United States, 5 Cir., 146 F.2d 133, 135. There was nothing unlawful in the sentence of the court that each of the sentences was to be served consecutively rather than concurrently, and gives no rise to any meritorious contention that such a sentence constitutes cruel and unusual punishment in violation of the Constitution, as claimed by appellant.
The order of the district court is affirmed.
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...as opposed to concurrent, sentences amount to cruel and unusual punishment in violation of the federal constitution. See Barde v. U.S., 224 F.2d 959 (6th Cir. 1955). Petitioner's claim is non-cognizable on habeas review.IV. Conclusion The Court will deny the petition for writ of habeas corp......
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