Machibroda v. United States, 14087.
| Decision Date | 06 June 1960 |
| Docket Number | No. 14087.,14087. |
| Citation | 280 F.2d 379 |
| Parties | John MACHIBRODA, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
David Caldwell, Cincinnati, Ohio (Appointed by the Court), for appellant.
Richard M. Colasurd, Asst. U. S. Atty., Toledo, Ohio, Russell C. Ake, U. S. Atty., Cleveland, Ohio, for appellee.
Before MARTIN, WEICK and O'SULLIVAN, Circuit Judges.
This cause has been heard and considered upon appeal from the order of the United States District Court denying the motion to vacate sentences aggregating forty years, imposed for bank robbery.
We think District Judge Kloeb, 184 F.Supp. 881, acted with due discretion in the matter and that, upon the facts confronting him, he properly applied the doctrine of this court pronounced in Johnson v. United States, 6 Cir., 239 F.2d 698, 699, which was quoted by the district judge in his opinion. See, also, Sandroff v. United States, 6 Cir., 174 F.2d 1014. We think the instant case differentiates on its facts from Teller v. United States, 6 Cir., 1959, 263 F.2d 871.
The order of the United States District Court is affirmed.
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Machibroda v. United States, 69
...imposed. The motion was denied by the District Court without a hearing, 184 F.Supp. 881. The Court of Appeals affirmed, per curiam, 6 Cir., 280 F.2d 379. We granted certiorari to consider seemingly significant questions as to the scope of relief under 28 U.S.C. § 2255, 28 U.S.C.A. § 2255, 3......
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Syracuse v. H. Daust Manufacturing Co.
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