TaiLexi AI U.S. Case Law

Patterson v. United States

Patterson v. United States; Kimball v. United States

Patterson v. United States, 183 F.2d 327 (4th Cir. 1950)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
July 6, 1950
Docket
No. 6116_1
Judges
Parker, So-Per, Dobie
Citations
183 F.2d 3271950 U.S. App. LEXIS 2941

Opinion — Per Curiam

PER CURIAM.

The appellants Patterson and Kimball were convicted in the court below of the crime of escaping from The Federal Reformatory at Petersburg, Virginia, in which they were confined. After conviction and sentence they moved that the judgment of the court be set aside and that they be granted a new trial on the ground that they had already been punished for the escape in that after their return to the reformatory they had been placed in soli *328 iary confinement for a certain period and the “good time” which they had earned had been revoked. Aside from the fact that the granting of a new trial was a matter resting in the sound discretion of the trial court which may not be disturbed in the absence of abuse, it is perfectly clear that the motions here were absolutely lacking in merit. Criminal prosecution for the crime of escape is not prohibited under the double jeopardy clause of the fifth amendment because a convict guilty thereof has upon his recapture been subjected to discipline by the prison authorities for the violation of prison discipline involved. Pagliaro v. Cox, Warden, 8 Cir., 143 F.2d 900 .

Affirmed on both Appeals.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 29 cases

View all citing references →
1951: 11958: 11960: 11965: 11969: 11971: 41972: 11974: 11975: 11977: 11979: 11982: 11983: 11985: 11992: 11994: 11997: 12002: 12011: 22012: 12013: 12017: 12021: 12023: 12025: 119512026peak 1971 · 4

Relies on it most ⓘ

  1. Wild v. Commonwealth446 S.E.2d 626 (Va. Ct. App. 1994)
  2. United States v. DeVaughn32 F. App'x 60 (4th Cir. 2002)
  3. State v. Killebrew327 N.W.2d 155 (Wis. Ct. App. 1982)
  4. United States v. Ezzat811 F. Supp. 2d 1204 (E.D.N.C. 2011)
  5. Williams v. MarshallNo. 2:24-cv-00044 (S.D.W. Va Feb. 20, 2025)
  6. Lloyd Mullican and Kenneth Eugene Shores v. United States252 F.2d 398 (5th Cir. 1958)

Most recent

  1. Williams v. MarshallNo. 2:24-cv-00044 (S.D.W. Va Feb. 20, 2025)
  2. Harrison v. Ms. AventNo. 1:23-cv-00259 (E.D. Va. Oct. 16, 2023)
  3. Torres v. IsheeNo. 1:21-cv-00068 (W.D.N.C. Nov. 8, 2021)
  4. State v. Johnson389 P.3d 72 (Alaska Ct. App. 2017)
  5. United States v. Frederick Green508 F. App'x 206 (4th Cir. 2013)
  6. United States v. Juan Garcia496 F. App'x 335 (4th Cir. 2012)

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 1

DepthCaseCited by
Pagliaro v. Cox, 143 F.2d 900 (8th Cir. 1944) 30

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list