United States v. Bohling
| Decision Date | 16 August 1968 |
| Docket Number | No. 18760.,18760. |
| Citation | 399 F.2d 305 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Donald D. BOHLING, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Bernard J. Stuplinski, U. S. Atty., Rolf H. Scheidel, Asst. U. S. Atty., Toledo, Ohio, for appellee.
Thomas L. Corogin, Port Clinton, Ohio, for appellant.
Before WEICK, Chief Judge, and O'SULLIVAN and PHILLIPS, Circuit Judges.
The government has moved to dismiss the appeal on the ground that the issues became moot when appellant, prior to his appeal, paid the fine imposed upon his conviction for a misdemeanor.
Appellant was tried in the District Court on an information charging him with aiding and abetting others in violation of Regulation 50 C.F.R. § 10.3(b) (9) made pursuant to the Migratory Bird Act, 16 U.S.C. §§ 703-711. The maximum penalty for the offense is a fine of $500.00 or imprisonment for six months or both. The District Judge imposed a fine of $200.00 and six months imprisonment, but ordered that the prison sentence be suspended upon payment of the fine.
Appellant was not indigent. He was allowed one month's time to hire a lawyer but he decided that he could just as well represent himself, and he tried his own case.
The case was tried on April 8, 1968, and appellant was found guilty on that day. The Court requested a presentence report from the probation department and the report is dated April 23rd. The Court sentenced appellant on April 26, 1968. When the Court sentenced appellant he was advised of his right to appeal and that the Clerk would file a notice of appeal for him if he so requested. The Court also allowed appellant three days in which to pay the fine.
Appellant did not advise the Court of any desire on his part to appeal and made no request of the Clerk to file a notice of appeal. Instead appellant paid the fine on April 26, 1968. Thereafter he procured counsel who filed the notice of appeal on May 6, 1968.
It is clear to us that the issues have become moot. St. Pierre v. United States, 319 U.S. 41, 63 S.Ct. 910, 87 L. Ed. 1199 (1943); Holmes v. United States, 383 F.2d 925, 927 (D.C.Cir. 1967); United States v. Galante, 298 F. 2d 72, 73 (2nd Cir. 1962); James v. United States, 275 F.2d 332, 333, cert. denied 362 U.S. 989, 80 S.Ct. 1077, 4 L. Ed.2d 1022 (8th Cir. 1960); Government of Virgin Islands v. Ferrer, 275 F.2d 497, 500 (3rd Cir. 1960); Gillen v. United States, 199 F.2d 454 (9th Cir. 1952). The decision of the Supreme Court in Carafas v. LaVallee, 391 U.S. 234, 88 S.Ct. 1556, 20...
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...a "case or controversy." See, e. g., North Carolina v. Rice, 404 U.S. 244, 92 S.Ct. 402, 30 L.Ed.2d 413 (1971); United States v. Bohling, 399 F.2d 305 (6th Cir. 1968). That is, the removal of the collateral legal consequences precludes the court from entering a decree that affects an indivi......
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...remains undisturbed, but also by the post-Sibron decisions in Taylor v. United States, 410 F.2d 392 (5th Cir. 1969); United States v. Bohling, 399 F.2d 305 (6th Cir. 1968); State v. Cahill, 127 Vt. 435, 251 A.2d 497 (1969); and State v. Price, 6 Conn.Cir. 93, 266 A.2d 204 In Taylor v. Unite......
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Thomas v. Tansey
...the State Court's actions of April 21, or of September 25, 1972, this Court concludes that this case is moot. See United States v. Bohling, 399 F.2d 305, 306 (6th Cir. 1968); Wade v. Carsley, 433 F.2d 68, 70 (5th Cir. Petitioner's reliance on United States v. Kreuger, 301 F.Supp. 1123 (E. D......
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...the fine has been paid and the defendant makes no claim that the conviction will result in any legal disadvantage. United States v. Bohling, 399 F.2d 305 (6th Cir. 1968). In this case, the fine has been paid and there is no indication of a legal disadvantage resulting for defendant. Thus, t......