Grabina v. United States, 851

Decision Date16 April 1962
Docket NumberNo. 851,M,851
Citation82 S.Ct. 880,8 L.Ed.2d 7,369 U.S. 426
PartiesJerry GRABINA v. UNITED STATES. isc
CourtU.S. Supreme Court

Jerry Grabina, pro se.

Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Theodore George Gilinsky, for the United States.

On Petition for Writ of Certiorari to the United States Court of Appeals for the Second Circuit.

PER CURIAM.

In light of the concession by the Solicitor General and upon an examination of the entire record, the motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the District Court for resentencing.

Mr. Justice FRANKFURTER and Mr. Justice WHITE took no part in the consideration or decision of this case.

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9 cases
  • State v. Goodrich
    • United States
    • Idaho Supreme Court
    • March 3, 1976
    ...him;' 96 A.L.R.2d 1292, § 6 (1964).14 Van Hook v. U. S., 365 U.S. 609, 81 S.Ct. 823, 5 L.Ed.2d 821 (1961); Grabina v. United States, 369 U.S. 426, 82 S.Ct. 880, 8 L.Ed.2d 7 (1962); United States v. Gardner, 480 F.2d 929 (10th Cir. 1973), cert. den. 414 U.S. 977, 94 S.Ct. 297, 38 L.Ed.2d 220......
  • United States v. DeBlasis
    • United States
    • U.S. District Court — District of Maryland
    • June 7, 1962
    ...having been re-called to court. He claims such sentence has been declared illegal by the United States Supreme Court in Grabina v. United States, 82 S.Ct. 880. Petitioner has previously raised the same question, without of course reliance upon the Grabina case. Although the facts, and the c......
  • Behrens v. United States, 13756.
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • December 26, 1962
    ...States, 352 U.S. 354, 360, 77 S.Ct. 481, 1 L.Ed.2d 393. The Solicitor General in a memorandum submitted in Grabina v. United States, 369 U.S. 426, 82 S. Ct. 880, 8 L.Ed.2d 7 conceded that absence of a defendant at the time of sentencing was "fundamental error" and under such circumstances "......
  • United States v. Krimsky
    • United States
    • U.S. District Court — Southern District of New York
    • August 7, 1962
    ...207 F. Supp. 208 ... UNITED STATES ex rel. Jerry GRABINA, Petitioner, ... Alex KRIMSKY, Respondent ... United States District Court S. D. New York ... August 7, 1962.        Irving Younger, New ... ...
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