Green v. United States
Decision Date | 29 September 1961 |
Docket Number | Misc. Civ. No. 61-4. |
Citation | 198 F. Supp. 380 |
Parties | Theodore GREEN v. UNITED STATES of America. |
Court | U.S. District Court — District of Massachusetts |
Theodore Green, pro se.
Theodore Green, presently a prisoner incarcerated in the Federal prison at Alcatraz, California, has filed a motion captioned "Motion for Correction of Judgment and Commitment," in which he seeks a nunc pro tunc order correcting a judgment and order of commitment entered on October 27, 1952 in the case of United States v. Green et al.
The motion is based upon two grounds, namely "(1) The oral pronouncement of the sentence from the bench was too ambiguous, equivocal, and indefinite to sustain a judgment for consecutive sentences, and (2) As the defendant was not serving a legal sentence upon which a final judgment had been rendered the Federal district judge was without authority to enter a consecutive sentence thereto and therefore its sentence commenced on the day of imposition on October 27, 1952," and concludes with a prayer for a nunc pro tunc order directing that the sentence in question be considered as commencing to run on October 27, 1952.
The petitioner filed a memorandum in support of the motion, an affidavit in support of a motion to proceed in forma pauperis, and an exhibit consisting of an unpublished opinion of Judge Frank J. Murray of the Massachusetts Superior Court in a case captioned Theodore Green v. George F. McGrath, Commissioner, et al., Superior Court In Equity No. 75802.
In correspondence with the Clerk of this Court petitioner has indicated that it is his contention that if the motion were allowed he would be eligible for parole immediately and that he could be considered for deportation if paroled after serving an additional 3 to 4 year term in the Massachusetts State Prison as to which a detainer has been lodged with officials of Alcatraz by the Sheriff of Suffolk County, Massachusetts. As the record now stands, petitioner is eligible for Federal parole on August 24, 1962. At the request of the Clerk of this Court petitioner Theodore Green has furnished, for purposes of this motion, the following chronology of his various incarcerations:
The sentence as pronounced by the U. S. District Court read as follows:
"Theodore Green, the Court orders that on this indictment you be sentenced as follows: On Count 1 of the indictment 20 years, on Count 2 of the indictment that you be imprisoned for 20 years, and on Count 3 of the indictment that you be imprisoned for the period of 25 years, said prison sentence to run concurrent and to begin upon your release from prison upon the sentence you are now receiving under order of the State Court."
There is no question from the record but that, in fact, on October 27, 1952, Green was in the custody of the Massachusetts prison authorities serving the three consecutive sentences imposed in State Court on October 2, 1952, by Judge Meagher, in the Worcester Superior Court, in case...
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Green v. United States
...D.Mass., October 15, 1959, aff'd. 274 F.2d 59, 60 (1st Cir. 1960), aff'd. 365 U.S. 301, 81 S.Ct. 653, 5 L.Ed.2d 670 (1961); 198 F.Supp. 380 (D.Mass.1961); 201 F.Supp. 804 (D.Mass.1962); 206 F.Supp. 619 (D. Mass.1962), reversed 313 F.2d 6 (1st Cir. 1963), cert. dismissed 372 U.S. 951, 83 S. ......
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Green v. United States, 6253.
...that Green be given a hearing in the court below at which he was not successful, 219 F.Supp. 750 (D. Mass.1963). In addition see 198 F.Supp. 380 (D.Mass.1961), 201 F.Supp. 804 (D. Mass.1962). So far, as this court noted the last time Green was here, "his efforts have not been crowned with c......
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