Putt v. United States, 23277.
| Decision Date | 27 June 1966 |
| Docket Number | No. 23277.,23277. |
| Citation | 363 F.2d 369 |
| Parties | Hubert James PUTT, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
H. M. Ray, U. S. Atty., Oxford, Miss., for appellee.
Before WISDOM and THORNBERRY, Circuit Judges, and COX,* District Judge.
This appeal is from the denial of relief by the trial court on a motion under 28 U.S.C.A. § 2255 from a sentence on a plea of guilty to a Dyer Act charge of transporting a stolen motor vehicle in interstate commerce in violation of 18 U.S.C.A. § 2312. The appellant was committed to the prison authorities for study and recommendation of a sentence under 18 U.S.C. § 4208(b), (c). He was sentenced on October 2, 1964 to an indeterminate sentence under § 4208 not to exceed five years. The appellant complains that his sentence is void because the presentence report before the judge revealed that appellant had raped a minor female and that he had been convicted of burglary. The appellant contended that both charges were false and that they were of such nature as to have necessarily influenced the Court in making up its sentence. The appellant relies on Townsend v. Burke, 334 U.S. 736, 68 S.Ct. 1252, 92 L.Ed. 1690; and Smith v. United States of America, (5 CA) 223 F.2d 750. The trial court reexamined its sentence upon receipt of this motion and made an extensive finding of facts and conclusions of law thereon; and among other things said: It is apparent to this Court under such circumstances that this false and erroneous information as to this prisoner did not in fact influence the sentencing judge or affect the sentence. No question is raised as to the validity of the plea of guilty to that charge which was interposed by appellant. The facts and circumstances in this case are thus different from the facts and circumstances about which the Court was writing in Smith v. United States, supra, and in Townsend v. Burke, supra. Those cases have...
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State v. Kunz
...bearing whatever on the sentencing and the trial judge must so recognize in his deliberation and determination. In Putt v. United States, 363 F.2d 369 (5 Cir. 1966) a sentence was attacked on the ground that the presentence report contained false charges. The trial judge certified that the ......
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United States v. Picard
...v. Myers, 374 F.2d 707, 710-712 (3d Cir. 1967); United States v. Strauss, 443 F.2d 986, 990-991 (1st Cir. 1971); cf. Putt v. United States, 363 F.2d 369 (5th Cir.), cert. denied, 385 U.S. 962, 87 S.Ct. 403, 17 L.Ed.2d 307 (1966) (no reliance on misinformation). Cf. United States v. Weston, ......
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U.S. v. Patterson, 83-4001
...for its severity if the sentence is within statutory limits. United States v. Grene, 455 F.2d 376, 377 (5th Cir.1972); Putt v. United States, 363 F.2d 369, 370 (5th Cir.), cert. denied, 385 U.S. 962, 87 S.Ct. 403, 17 L.Ed.2d 307 (1966). Here, Patterson's sentence is well within statutory li......
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Abraham v. Wainwright
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