Granger v. United States
Decision Date | 23 March 1960 |
Docket Number | No. 17917.,17917. |
Citation | 275 F.2d 127 |
Parties | James H. GRANGER, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
James H. Granger, pro se.
Preston H. Dial, Jr., Asst. U. S. Atty., Russell B. Wine, U. S. Atty., San Antonio, Tex., for appellee.
Before RIVES, Chief Judge, and JONES and BROWN, Circuit Judges.
The appellant, James H. Granger, is serving a sentence imposed by the District Court for the Western District of Texas. He made a motion in the district court under that portion of Rule 35, Fed. Rules Crim.Proc., 18 U.S.C.A. which provides that "The court may correct an illegal sentence at any time." In his motion the appellant recites that:
The ten-year sentence was imposed for violations of 18 U.S.C.A. § 495 which provides for punishment by a fine of not more than $1,000 or imprisonment for not more than ten years, or both. The statement of the court, as to these counts, was incorrect as the maximum term of imprisonment was ten years, rather than five, and a fine of $1,000 rather than $10,000. No fine was imposed so the court's statement as to it need not be considered. If there had been but one count of the indictment under Section 495, and a ten-year sentence had...
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