WARDEN OF UNITED STATES PENITENTIARY ANNEX v. De Londi, 689.
| Citation | 62 F.2d 981 |
| Decision Date | 09 January 1933 |
| Docket Number | No. 689.,689. |
| Parties | WARDEN OF UNITED STATES PENITENTIARY ANNEX AT FT. LEAVENWORTH, KAN., v. DE LONDI. |
| Court | U.S. Court of Appeals — Tenth Circuit |
S. M. Brewster, U. S. Atty., and Erskine Wyman, Asst. U. S. Atty., both of Topeka, Kan., for appellant.
Wm. T. Alford and W. G. Lynch, both of Kansas City, Mo., for appellee.
Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.
This appeal presents for review a final order or judgment of the United States District Court of Kansas, discharging the appellee from custody of the warden of the penitentiary. The court discharged the prisoner because no record of the judgment of conviction appeared in the proceedings.
The appellee alleges in his petition that he was taken under a commitment to the federal penitentiary at Atlanta and afterwards transferred to the penitentiary at Leavenworth. The transfer was authorized by the Attorney General under sections 831 and 835, title 18, c. 27, U. S. Code (18 USCA §§ 831, 835). White, Warden, v. Kwiatkowski (10 C. C. A.) 60 F. (2d) 264.
The question presented is whether the District Court was justified in holding that there was no proof or showing of a judgment or sentence in this case. 2 F. Supp. 256. The memorandum opinion of the judge shows that he passed on the minutes endorsed by someone, probably the clerk, on the back of the indictment. But this was not all of the evidence. The response to the petition, which was not denied, contained a certificate by the clerk of the docket and minutes of record in his office. They were in part as follows:
It is unnecessary to notice the various decisions which distinguish between minutes and records. There is a technical difference. Ordinarily the clerk keeps a minute book and enters up his orders from the same, as memoranda of the proceedings. But if he puts the minutes of record, as he has certified in this case, they constitute sufficient journal entries of record. See Ex parte Lamar (C. C. A.) 274 F. 160, affirmed 260 U. S. 711, 43 S. Ct. 251, 67 L. Ed. 476.
There is one other contention, and that is that the judgment appears to have been in gross for fifteen years, whereas five...
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Carter v. Wilkins
...they constitute sufficient formal entries of record, Warden of United States Penitentiary Annex at Ft. Leavenworth, Kansas v. De Londi, 62 F.2d 981, 982 (10th C.C.A. 1933.) In its action herein the Board acted as a quasi-judicial body. The minutes of the Board are the record of its proceedi......
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Levine v. Hudspeth, 2471.
...Jones v. Hill, 3 Cir., 71 F.2d 932, and McKee v. Johnston, 9 Cir., 109 F.2d 273. The rule has been followed by this court in Warden v. De Londi, 10 Cir., 62 F.2d 981; Ross v. Hudspeth, 10 Cir., 108 F.2d 628, and Jackson v. Hudspeth, 10 Cir., 111 F.2d Here the petitioner was convicted on fiv......
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Reed v. United States, 10931.
...Blake v. Moyer, 5 Cir., 208 F. 678; Myers v. Morgan, 8 Cir., 224 F. 413; Flynn v. United States, 8 Cir., 57 F.2d 1044; Warden v. De Londi, 10 Cir., 62 F.2d 981; Ross v. Hudspeth, 10 Cir., 108 F.2d 628; McKee v. Johnston, Warden, 9 Cir., 109 F.2d Affirmed. ...
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