United States v. Huggins, 10180.
| Decision Date | 02 November 1950 |
| Docket Number | No. 10180.,10180. |
| Citation | 184 F.2d 866 |
| Parties | UNITED STATES v. HUGGINS. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Leonard Brody, Chicago, Ill., for appellant.
Gilmore S. Haynie, U. S. Atty., Fort Wayne, Ind., James E. Keating, Asst. U. S. Atty., South Bend, Ind., for appellee.
Before DUFFY, FINNEGAN and LINDLEY, Circuit Judges.
Defendant appeals from an order entered in the District Court on April 13, 1950, denying his motion under section 2255, title 28 U.S.C.A., to vacate the sentence imposed on him on February 28, 1949, on count two of the indictment upon which he pleaded guilty on July 30, 1947.
In his motion defendant says: "I forged and cashed but one check, yet I have two sentences imposed on me, two years and five years." He was indicted under section 73,1 title 18 U.S.C.A. There were two counts to the indictment, the first count charging forgery of a United States treasury check, the second count charging uttering and publishing said check, being two separate and distinct offenses.
The indictment was returned by the Grand Jury to the United States District Court for the Northern District of California, Southern Division, and under Rule 20 of the Federal Rules of Criminal Procedure, 18 U.S.C.A., was, on defendant's motion, transferred to the United States District Court for the Northern District of Indiana, in which district he was arrested. The indictment was filed in Indiana on June 2, 1947; the necessary consents to transfer were filed by the defendant, and by the United States attorneys of each district, as provided by Rule 20.
The record in the trial court shows the following on July 10, 1947:
On July 30, 1947, the court sentenced the defendant to two years and suspended the sentence for a period of three and a half years and put the defendant on probation for three and a half years on count one, and on count two the imposition of sentence was withheld and defendant placed on probation for three and a half years to run concurrently with the probation granted on count one.
On August 5, 1947, the chief probation officer of the United States District Court for the Northern District of Indiana, presented his petition to the court alleging that the defendant defaulted in his probation, and the court ordered the issuance of a bench warrant for his arrest.
On September 8, 1947, upon a hearing, the court sustained the petition and revoked the probation granted under count one and imposed sentence and commitment on said count, sentencing the defendant to two years in the custody of the Attorney General and again withholding the imposition of sentence on count two, however extending the probation period on count two from three and a half years to five years from July 30, 1947.
On November 7, 1949, the chief probation officer of the United States District Court for the Northern District of Indiana filed another petition for revocation of the probation granted on count two, alleging the defendant had absconded and failed to advise the probation officer as to his address and whereabouts, failed to maintain steady employment, wrote a bad check in the amount of $60.40 which he cashed at a local tavern. The court sustained said petition and revoked the probation and imposed sentence on count two of the indictment, sentencing the defendant to five years in the custody of the Attorney General, to be served at the conclusion of the balance of the sentence unserved on count one under which he was then on parole.
On December 16, 1949, defendant addressed a letter to the District Court in the form of a motion for relief under section 2255, title 28 U.S.C.A., asking the court to review his case; the United States District Attorney answered, and on April 13, 1950, the court denied defendant's motion, without defendant being present in court, filed findings of fact and conclusions of law, and this appeal followed.
No complaint of the sentence imposed on count one is made but defendant does complain that he was sentenced twice for the same offenses, claiming "double...
To continue reading
Request your trial
-
Shum v. Fogliani
...L.Ed. 1566 (1935); Brown v. Warden, U.S. Penitentiary, supra; Welsh v. United States, 348 F.2d 885 (6th Cir. 1965); United States v. Huggins, 184 F.2d 866 (7th Cir. 1950); Gillespie v. Hunter, 159 F.2d 410 (10th Cir. 1947); Bennett v. United States, 158 F.2d 412 (8th Cir. 1946). Accordingly......
-
Skidgell v. State
...does not apply to a hearing on revocation of probation. Welsh v. United States, 348 F.2d 885 (6th Cir. 1965); United States v. Huggins, 184 F.2d 866 (7th Cir. 1950); Gillespie v. Hunter, 159 F.2d 410 (10th Cir. 1947). On two occasions the United States Supreme Court, by denying certiorari, ......
-
State v. Hewett
...415, C.A.8th, cert. denied, 331 U.S. 822, 67 S.Ct. 1302, 91 L.Ed. 1838; Gillespie v. Hunter, 159 F.2d 410, 411, C.A.10th; United States v. Huggins, 184 F.2d 866, 868, C.A.7th; Crowe v. United States, 175 F.2d 799, 801 C.A.4th, cert. denied, 338 U.S. 950, 70 S.Ct. 478, 94 L.Ed. 586, rehearin......
-
Gilpin v. United States
...v. Berggren, 143 U.S. 442, 447-448, 12 S.Ct. 525, 36 L.Ed. 218. See also: Gillespie v. Hunter, 10 Cir., 159 F.2d 410; United States v. Huggins, 7 Cir., 184 F. 2d 866, 868, in which it was held that the constitutional right to the assistance of counsel does not apply to a hearing on a motion......