Jackson v. United States, 12469.
| Decision Date | 13 June 1956 |
| Docket Number | No. 12469.,12469. |
| Citation | 234 F.2d 605 |
| Parties | Odell JACKSON, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
William A. Ogden, III, Cincinnati, Ohio, for appellant.
Robert E. DeMascio, Detroit, Mich. (Fred W. Kaess, George E. Woods, Detroit, Mich., on the brief), for appellee.
Before SIMONS, Chief Judge, and ALLEN and MILLER, Circuit Judges.
Appellant, Odell Jackson, having entered a plea of guilty to a two-count indictment charging him in each count with the unlawful sale of narcotics in violation of Section 2553(a), Title 26, U.S. Code, which authorized a maximum sentence of five years on each count, was sentenced on March 26, 1951 by the District Judge to "imprisonment for a period of seven years."
On September 26, 1952, appellant filed a motion to vacate the sentence on the ground that the sentence of seven years was illegal, in that the single sentence of seven years was applicable to only a single count and was accordingly excessive by two years. On February 4, 1953, the District Judge at a hearing in which appellant was represented by counsel entered an order that the sentence of seven years imposed on March 26, 1951 be set aside and that the appellant be resentenced for a period of five years on Count 1 and for a period of two years on Count 2, said sentences to run consecutively and to take effect as of March 26, 1951, "it being the intent of the Court to impose a sentence of seven (7) years." Appellant's motion to set aside the judgment was denied, followed by this appeal.
Appellant relies upon Ekberg v. United States, 1 Cir., 167 F.2d 380. However, the ruling in that case was based upon the fact that Count 1 of the indictment failed to charge an offense separate and distinct from the offenses set forth in the second and third counts, and in fact failed to charge any offense at all, with the result that the time served under the sentence on Count 1 was credited to the separate sentences previously imposed on Counts 2 and 3. Those sentences ran concurrently with each other but consecutively to the sentence imposed on Count 1 and upon being so credited were legally served in full. The Court was not permitted to make the sentences under Counts 2 and 3 run consecutively instead of concurrently with each other so as to require the defendant to serve the time intended by the Court, although such a sentence could have been imposed originally.
The case is not analogous to the...
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Duggins v. United States, 12908.
...States, 1 Cir., 167 F.2d 380, 388, Miller v. United States, 2 Cir., 147 F.2d 372, 374. The Government's reliance upon Jackson v. United States, 6 Cir., 234 F.2d 605, is misplaced. In that case there was a single general sentence under a two-count indictment while in the present case we have......
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Peoples v. United States
...v. United States, 276 F.2d 84, 90 (4th Cir. 1960); Granger v. United States, 275 F.2d 127, 128 (5th Cir. 1960); Jackson v. United States, 234 F.2d 605, 606 (6th Cir. 1956); Davis v. United States, supra; McDowell v. Swope, 183 F.2d 856, 858 (9th Cir. 1950); United States v. Karavias, 170 F.......
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Davis v. United States, 13373.
...sentence imposed is not in excess of the maximum allowed by law for all the offenses of which the defendant is guilty. Jackson v. United States, 6 Cir., 234 F.2d 605; Hamilton v. United States, 4 Cir., 204 F.2d 927, 928, certiorari denied 346 U.S. 858, 74 S.Ct. 74, 98 L.Ed. 372; Levine v. H......
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United States v. Yoppolo, 20397
...v. United States, 269 F.2d 357, 363 (6th Cir.), cert. denied, 361 U.S. 919, 80 S.Ct. 256, 4 L.Ed.2d 187 (1959); Jackson v. United States, 234 F.2d 605, 606 (6th Cir. 1956). We do not believe that any good purpose would be served by remanding these cases to have the District Court specify th......