United States v. De Blasis, Cr. No. 24497.
| Decision Date | 14 October 1959 |
| Docket Number | Cr. No. 24497. |
| Citation | 177 F. Supp. 484 |
| Parties | UNITED STATES v. Guiseppe William DE BLASIS, alias Joseph DeBliss, and alias John Franklin, DeBlasis. |
| Court | U.S. District Court — District of Maryland |
A petition has been filed by petitioner alleging that he was "tried" before the undersigned on December 12, 1958 and "Was Recommend for Probation Report"; that on March 6, 1959, he was sentenced to three months and that on July 13, 1959 he was sentenced to five years, at which time he was not present in court, "so, therefore the sentence imposed on July 13, 1959 was, and is illegal, being the second sentence for same offense." He requests "copy of the Mentes sic of his trial corving sic period from Dec. 12, 1958, March, 6, 1959 And of July, 13, 1959."
As shown by the Clerk's file and the court's record, the Grand Jury for the District of Maryland on August 5, 1958, returned a three-count indictment against petitioner, in which he was charged with two violations of United States Code, Title 18, § 2312, and one violation of Title 18, § 2313. Petitioner was arrested, released on bail, and was arraigned on September 12, 1958, at which time through his privately retained counsel he entered pleas of not guilty on all three counts. On December 12, 1958, at the request of his counsel he was re-arraigned, and after the court had satisfied itself that petitioner knew the nature of the charges against him, the possible penalties associated with the charges, and that petitioner's pleas were voluntary, the court accepted pleas of guilty on the counts of interstate transportation of two stolen motor vehicles knowing them to have been stolen, and not guilty as to the count for receiving another stolen motor vehicle having been transported in interstate commerce and knowing the same to have been stolen. The defendant was not "Recommend for Probation Report"; instead, the court stated its desire for a presentence investigation and report. So that petitioner could remain at large without securing a new bond, petitioner was allowed to withdraw his pleas. On March 6, 1959, after receipt of the presentence report, study thereof by the court and petitioner's counsel, petitioner was again arraigned and again pleaded guilty to the two transportation counts and not guilty as to the receiving count. A nolle prosequi was entered on the receiving count. Petitioner was thereupon committed to the custody of the Attorney General under United States Code, Title 18, § 4208(b) for study. By virtue of the provisions of § 4208(b) such commitment "shall be deemed to be for the maximum sentence of imprisonment...
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United States v. DeBlasis
...the facts, and the court's ruling adverse to the contention of Petitioner, are set forth in this judge's opinion in United States v. DeBlasis, D.Md.1959, 177 F. Supp. 484, a brief résumé may prove helpful. On August 5, 1958, Petitioner was indicted for two violations of 18 U.S.C. § 2312, an......
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Behrens v. United States, 13756.
...Cf. Ellis v. Ellisor, 5 Cir., 239 F.2d 175; Wilfong v. Johnston, 9 Cir., 156 F.2d 507. We have considered United States v. De Blasis, 177 F.Supp. 484 (D.Md.1959); United States v. De Blasis, 206 F.Supp. 38 (D.Md.1962) and United States v. Johnson, 207 F.Supp. 115 (E.D.N.Y. 1962) in each of ......
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United States v. Rozanc, Cr. A. No. 61-74 to 61-76
...before the Court prior to the reduction, pursuant to 18 U.S.C.A. § 4208(b), of said sentences as originally imposed. United States v. De Blasis, 177 F.Supp. 484 (D. Md.1959). The legislative history of 18 U.S.C.A. § 4208 indicates that Congress did not intend that a prisoner would have to b......
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United States v. Lewis
...6 E. g. James v. United States, 348 F.2d 430 (10 Cir. 1965); Powers v. United States, 325 F.2d 666 (1 Cir. 1963); United States v. DeBlasis, 177 F.Supp. 484 (D.Md.1959). 7 ABA Project on Minimum Standards for Criminal Justice, Appellate Review of Sentences 5 (1967), a report of the committe......