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De Maggio v. Coxe

DE MAGGIO v. COXE, United States District Judge

De Maggio v. Coxe, 70 F.2d 840 (2d Cir. 1934)
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Court
Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided
May 21, 1934
Judges
Manton, Swan, Chase
Citations
70 F.2d 8401934 U.S. App. LEXIS 4330

Opinion — Per Curiam

PER CURIAM.

On this application the defendant urges that the District Judge lacked jurisdiction to impose upon him a second and increased sentence contrary to his constitutional rights. He was charged with a violation of the Narcotic Act- and pleaded guilty, and on October 3, 1933, was sentenced. He was removed from the courtroom to the detention room adjoining, recalled to the courtroom, and thereupon the judge sentenced him and changed his sentence to two and a half years’ imprisonment. He is now imprisoned and detained under that sentence.

He had not been taken to a place of detention where he would commence service of his sentence when the alleged illegal sentence was imposed. Had he entered upon serving his first sentence, it could not have been increased (United States v. Benz, 282 U. S. 304 , 51 S. Ct. 113 , 75 L. Ed. 354 ) but could have been modified within the term by changing the place of imprisonment. Wall v. Aderhold, 51 F.(2d) 714 (D. C. Ga.). But, while awaiting removal to jail, he had not begun to serve his sentence. 18 USCA § 709 (a).

The application for leave to file a writ of mandamus in forma pauperis is denied.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 14 cases

View all citing references →
1940: 11943: 11944: 11945: 11947: 11953: 41970: 21976: 11979: 12004: 119402026peak 1953 · 4

Relies on it most ⓘ

  1. Rowley v. Welch114 F.2d 499 (D.C. Cir. 1940)
  2. United States v. Rosenstreich204 F.2d 321 (2d Cir. 1953)
  3. United States v. Rosenstriech204 F.2d 321 (2d Cir. 1953)
  4. United States v. Anthony Dilorenzo429 F.2d 216 (2d Cir. 1970)
  5. United States v. Roberto Rosario386 F.3d 166 (2d Cir. 2004)
  6. Oxman v. United States148 F.2d 750 (8th Cir. 1945)

Most recent

  1. United States v. Roberto Rosario386 F.3d 166 (2d Cir. 2004)
  2. Brown v. State376 So. 2d 1382 (Ala. Crim. App. 1979)
  3. Green v. United States363 A.2d 979 (D.C. 1976)
  4. United States v. Anthony Dilorenzo429 F.2d 216 (2d Cir. 1970)
  5. Clarence Williams v. United States422 F.2d 1318 (5th Cir. 1970)
  6. United States v. Rosenstriech204 F.2d 321 (2d Cir. 1953)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
United States v. Benz, 282 U.S. 304 (1931) 410
Wall v. Aderhold, 51 F.2d 714 (N.D. Ga. 1931) 4

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