De Maggio v. Coxe
| Decision Date | 21 May 1934 |
| Citation | 70 F.2d 840 |
| Parties | DE MAGGIO v. COXE, United States District Judge. |
| Court | U.S. Court of Appeals — Second Circuit |
Before MANTON, SWAN, and CHASE, Circuit Judges.
On this application the defendant urges that the District Judge lacked jurisdiction to impose upon him a second and increased sentence contrary to his constitutional rights. He was charged with a violation of the Narcotic Act and pleaded guilty, and on October 3, 1933, was sentenced. He was removed from the courtroom to the detention room adjoining, recalled to the courtroom, and thereupon the judge sentenced him and changed his sentence to two and a half years' imprisonment. He is now imprisoned and detained under that sentence.
He had not been taken to a place of detention where he would commence service of his sentence when the alleged illegal sentence was imposed. Had he entered upon serving his first sentence, it could not have been increased (United States v. Benz, 282 U. S. 304, 51 S. Ct. 113, 75 L.Ed. 354) but could have been modified within the term by changing the place of imprisonment. Wall v. Aderhold, 51 F.(2d) 714 (D. C. Ga.). But, while awaiting removal to jail, he had not begun to serve his sentence. 18 USCA § 709 (a).
The application for leave to file a writ of mandamus in forma pauperis is denied.
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Rowley v. Welch
...106 F. 672, the prisoner had not left the bar after pronouncement of sentence, when the court imposed a heavier one. In DeMaggio v. Coxe, 2 Cir., 1934, 70 F.2d 840, the facts were substantially identical with those presented here. We think therefore, both upon principle and upon available a......
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The People Of The State Of N.Y. v. Williams
...whether double jeopardy prevented a sentence from being increased after a defendant began a prison term ( see generally De Maggio v. Coxe, 70 F.2d 840 [2d Cir.1934]. Bozza v. United States, 330 U.S. 160, 167, 67 S.Ct. 645, 91 L.Ed. 818 [1947] ) clarified that the commencement of an illegal ......
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...whether double jeopardy prevented a sentence from being increased after a defendant began a prison term ( see generally De Maggio v. Coxe, 70 F.2d 840 [2d Cir.1934].Bozza v. United States, 330 U.S. 160, 167, 67 S.Ct. 645, 91 L.Ed. 818 [1947] ) clarified that the commencement of an illegal s......
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Brown v. State
...v. United States, 330 U.S. 160, 67 S.Ct. 645, 91 L.Ed. 818 (1947); Cisson v. United States, 37 F.2d 330 (4th Cir. 1930); DeMaggio v. Coxe, 70 F.2d 840 (2 Cir. 1934); Kelley v. United States, 235 F.2d 44 (4th Cir. 1956); Kroll v. United States, 433 F.2d 1282 (5 Cir. 1970); Nichols v. United ......