LaClair v. United States
Decision Date | 21 May 1962 |
Docket Number | No. 13551.,13551. |
Citation | 303 F.2d 602 |
Parties | Bernard Edmond LaCLAIR, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. |
Court | U.S. Court of Appeals — Seventh Circuit |
Bernard E. LaClair, pro se.
Philip Carlton Potts, U. S. Atty., South Bend, Ind., for appellee.
Before HASTINGS, Chief Judge, and KNOCH and CASTLE, Circuit Judges.
Petitioner-appellant, Bernard Edmond LaClair, filed a motion with the District Court, pursuant to Rule 36, Federal Rules of Criminal Procedure, 18 U.S.C., to correct the written judgment and commitment under which he was detained in custody on the ground that:
"The oral judgment pronounced from the bench was too vague and indefinite to support a consecutive sentence and there is a substantial inconsistency between the oral pronouncement of the sentence and the written judgment and commitment."
This appeal followed denial of that motion.
Mr. LaClair prosecuted his appeal pro se. The case was submitted on the record and briefs without oral argument.
On July 23, 1954, Mr. LaClair pleaded guilty to an information charging violation of Title 18 U.S.C. § 751, attempting to escape from the St. Joseph County Jail, at South Bend, Indiana, where he was being held in custody following conviction for violation of the federal laws.
On July 7, 1954, Mr. LaClair had been sentenced as follows:
After imposing the above sentences, the District Court stated:
These sentences were the subject of an earlier appeal and were affirmed. U. S. v. LaClair, 7 Cir., 1960, 285 F.2d 696.
Mr. LaClair was then removed to the St. Joseph County Jail from which he and two other prisoners attempted to escape on July 15, 1954.
Prior to the imposition of the sentence now under consideration in this appeal, the United States Attorney advised the District Court:
"On July 7th Mr. LaClair was disposed of here in this Court, as your Honor will remember, and sentenced to thirty years imprisonment and a fine of $50,000 * * *."
Also, the United States Attorney was apparently urging that consecutive sentences be meted out in all three of these jail break cases.
After sentencing the other two prisoners, the District Court said:
"In the case of LaClair, the sentence is five years, and a fine of $5,000, the sentence to be served consecutively to the sentence received on July 7th."
The written judgment reads:
Mr. LaClair sought to correct the written judgment to provide for the sentence of five years to begin on the date of its imposition.
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LaClair v. United States
...following denial of petitioner's Rule 36 motion and affirmance thereof by the Seventh Circuit Court of Appeals in LaClair v. United States, 303 F.2d 602 (7th Cir. 1962). Some five years later, on August 24, 1959, this petitioner filed his first motion to vacate sentence under Section 2255. ......
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People v. Smith
...at 351, 85 Ill.Dec. at 726, 474 N.E.2d at 454. The Federal judiciary has also expounded more fully on this issue in LaClair v. United States (7th Cir.1962), 303 F.2d 602, where the defendant alleged there was an inconsistency between the oral pronouncement of judgment and the written order ......
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...as a whole to determine the court\'s intention in imposing sentence. United States v. Drake, 7 Cir., 274 F.2d 611, 612; LaClair v. United States, 7 Cir., 303 F.2d 602." Application of the above principles to the instant appeal demonstrates that the District Court did not err in denying defe......