Pettway v. United States, No. 12076.

CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)
Writing for the CourtPER CURIAM
Citation216 F.2d 106
PartiesJoseph PETTWAY, Jr., Appellant, v. The UNITED STATES of America, Appellee.
Docket NumberNo. 12076.
Decision Date21 October 1954

216 F.2d 106 (1954)

Joseph PETTWAY, Jr., Appellant,
v.
The UNITED STATES of America, Appellee.

No. 12076.

United States Court of Appeals Sixth Circuit.

October 21, 1954.


216 F.2d 107

Charles J. Schear, Newport, Ky. (Joseph Pettway, Jr., pro se, Donald J. Berlage, Cincinnati, Ohio, on the brief), for appellant.

Rhodes Bratcher, Asst. U. S. Atty., Louisville, Ky. (J. Leonard Walker, Rhodes Bratcher, Louisville, Ky., on the brief), for appellee.

Before SIMONS, Chief Judge, and McALLISTER and MILLER, Circuit Judges.

PER CURIAM.

The appellant, Joseph Pettway, Jr., was indicted in the District Court under a 2-count indictment, which charged in the first count the illegal possession of three marihuana cigarettes on May 29, 1952 without having paid the transfer tax required by the Marihuana Tax Act of 1937,1 and in the second count the unlawful sale of three marihuana cigarettes on May 29, 1952 to William Dowdle in violation of the same law. He was represented by counsel and pleaded not guilty. Following a trial, the jury returned a verdict of guilty under both counts.

The District Attorney, proceeding under the provisions of Sec. 2557, Title 26 U.S.Code, referred to as the Boggs Act, upon appearance of the defendant in Court for sentence, filed an information charging previous convictions of the appellant on March 12, 1948 and on October 7, 1949 for violations of Sec. 2593(a), Title 26 U.S.Code, thereby classifying him as a person subject to the heavier sentence provided for multiple convictions imposed under the Boggs Act. Copy of the information was given to the defendant and he and his counsel were excused from the court room for a conference. Shortly thereafter both the defendant and his counsel in open court acknowledged the defendant's identity as the person previously convicted. He was sentenced on October 17, 1952 to terms of ten years on each count to run concurrently.

On June 25, 1953, he filed his present motion under the provisions of Sec. 2255, Title 28 U.S.Code to vacate the sentences. The motion was overruled by the

District Judge on August 19, 1953. A written memorandum in support of the ruling was filed at the same time. This appeal followed

Appellant's contention that the statute hereinabove referred to as the Boggs Act is ex post facto litigation and unconstitutional is without merit. The statute was in effect prior to May 29, 1952, the date of the offenses charged in the indictment. The information, setting...

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25 practice notes
  • State v. Oliver
    • United States
    • Superior Court of New Jersey
    • November 8, 1996
    ...(1948); U.S. v. Ilacqua, 562 F.2d 399 (6th Cir.1977), cert. denied, 435 U.S. 906, 98 S.Ct. 1453, 55 L.Ed.2d 497 (1978); Pettway v. U.S., 216 F.2d 106 (6th Cir.1954); Wilson v. U.S., 205 F.2d 567 (9th Cir.1953); Beland v. U.S., 128 F.2d 795 (5th Cir.1942), cert. denied, 317 U.S. 676, 63 S.Ct......
  • United States v. Chestnut, No. 74 Cr. 1191.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • April 8, 1975
    ...168 U.S. 382, 389, 18 S.Ct. 92, 42 L.Ed. 509 (1897); Paz Morales v. United States. 278 F.2d 598 (1st Cir. 1960); Pettway v. United States, 216 F.2d 106 (6th Cir. 1954); United States v. Kolodny, 149 F.2d 210 (2d Cir. 9 407 U.S. 385, 92 S.Ct. 2247, 33 L.Ed.2d 11 (1972). 10 407 U.S. at 399, 9......
  • Sherman v. United States, No. 14977.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 8, 1957
    ...of the Boggs Act (Section 174, Title 21, U.S.C.A.) has been passed upon by the courts. In Pettway v. United States, 6 Cir., 216 F.2d 106, 108, the Court "Appellant\'s contention that the statute hereinabove referred to as the Boggs Act is ex post facto litigation legislation? and unconstitu......
  • State v. Cerny, No. 44722
    • United States
    • Missouri Supreme Court
    • February 13, 1956
    ...all issues are of law and can be determined by the record. Smith v. United States, 6 Cir., 213 F.2d 730; Pettway v. United States, 6 Cir., 216 F.2d 106. Briefly of the insufficiency of the showing on the motion. Cerny was tried and convicted in October, 1949. The principal fact Cerny sought......
  • Request a trial to view additional results
25 cases
  • State v. Oliver
    • United States
    • Superior Court of New Jersey
    • November 8, 1996
    ...(1948); U.S. v. Ilacqua, 562 F.2d 399 (6th Cir.1977), cert. denied, 435 U.S. 906, 98 S.Ct. 1453, 55 L.Ed.2d 497 (1978); Pettway v. U.S., 216 F.2d 106 (6th Cir.1954); Wilson v. U.S., 205 F.2d 567 (9th Cir.1953); Beland v. U.S., 128 F.2d 795 (5th Cir.1942), cert. denied, 317 U.S. 676, 63 S.Ct......
  • United States v. Chestnut, No. 74 Cr. 1191.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • April 8, 1975
    ...168 U.S. 382, 389, 18 S.Ct. 92, 42 L.Ed. 509 (1897); Paz Morales v. United States. 278 F.2d 598 (1st Cir. 1960); Pettway v. United States, 216 F.2d 106 (6th Cir. 1954); United States v. Kolodny, 149 F.2d 210 (2d Cir. 9 407 U.S. 385, 92 S.Ct. 2247, 33 L.Ed.2d 11 (1972). 10 407 U.S. at 399, 9......
  • Sherman v. United States, No. 14977.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 8, 1957
    ...of the Boggs Act (Section 174, Title 21, U.S.C.A.) has been passed upon by the courts. In Pettway v. United States, 6 Cir., 216 F.2d 106, 108, the Court "Appellant\'s contention that the statute hereinabove referred to as the Boggs Act is ex post facto litigation legislation? and unconstitu......
  • State v. Cerny, No. 44722
    • United States
    • Missouri Supreme Court
    • February 13, 1956
    ...all issues are of law and can be determined by the record. Smith v. United States, 6 Cir., 213 F.2d 730; Pettway v. United States, 6 Cir., 216 F.2d 106. Briefly of the insufficiency of the showing on the motion. Cerny was tried and convicted in October, 1949. The principal fact Cerny sought......
  • Request a trial to view additional results

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