Lavoie v. United States, 6044.
| Decision Date | 21 November 1962 |
| Docket Number | No. 6044.,6044. |
| Citation | 310 F.2d 117 |
| Parties | Richard LAVOIE, Defendant, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — First Circuit |
Helen M. Fish, Boston, Mass., for appellant.
William J. Koen, Asst. U. S. Atty., with whom W. Arthur Garrity, Jr., U. S. Atty., was on brief, for appellee.
Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.
Defendant-appellant while serving a state sentence in a Massachusetts Correctional Institution escaped, stole a car, kidnapped a correctional official and fled to another state. He was there apprehended by an agent of the F.B.I. and returned to Massachusetts, where he was held in default of bail and tried in the district court. Following conviction he was sentenced, "said prison sentence to begin upon release from State custody upon sentence now being served under order of State Court." He now appeals from an order of the district court denying a motion under Rule 35, Federal Rules of Criminal Procedure, for correction of sentence nunc pro tunc.
There is no impropriety in the imposition of a sentence to commence on and after a state court sentence presently being served. Zahn v. Kipp, 7 Cir., 1955, 218 F.2d 898; Hayden v. Warden, United States Penitentiary, McNeil Island, 9 Cir., 1941, 124 F.2d 514. Defendant's sole point is that because of his escape and apprehension by federal officials he was not technically in state custody, and that this situation constitutes an exception to the general principle. Even if defendant's premise is accurate, the conclusion is not. Cf. Taylor v. Baker, 10 Cir., 1960, 284 F.2d 43, cert. den. 365 U. S. 814, 81 S.Ct. 695, 5 L.Ed.2d 693, and cases cited.
Judgment will be entered affirming the order of the District Court.
To continue reading
Request your trial
-
Salley v. U.S.
...v. McDonnell, 153 F.2d 919 (7th Cir.), cert. denied, 328 U.S. 872, 66 S.Ct. 1365, 90 L.Ed. 1641 (1946); Lavoie v. United States, 310 F.2d 117 (1st Cir.1962) (per curiam); Anderson v. United States, 405 F.2d 492 (10th Cir.) (per curiam), cert. denied, 394 U.S. 965, 89 S.Ct. 1318, 22 L.Ed.2d ......
-
Green v. United States, 6253.
...is suggested, in imposing a federal sentence to commence upon completion of a state sentence presently being served. Lavoie v. United States, 310 F.2d 117, 118 (C.A.1, 1962), and cases cited. The argument is that Green's state sentence having been reversed, was void, and hence in law never ......
- United States v. Eidson, 19414.
-
U.S. v. Thornton
...States v. Lee, 500 F.2d 586, 587-88 (8th Cir.), cert. denied, 419 U.S. 1003, 95 S.Ct. 322, 42 L.Ed.2d 279 (1974); Lavoie v. United States, 310 F.2d 117, 118 (1st Cir.1962). Such an order does not impermissibly invade the power of the Attorney General to designate the institution for service......