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Horacio Reyes v. United States

Horacio REYES, Appellant, v. UNITED STATES of America, Appellee

Reyes v. United States, 262 F.2d 801 (5th Cir. 1959)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
January 29, 1959
Docket
No. 17517
Judges
Cameron, Per Curiam, Rives, Tuttle
Citations
262 F.2d 8011959 U.S. App. LEXIS 4494
Cited by 18 1 descriptions by later courtsOriginal from court

Opinion — Per Curiam

PER CURIAM.

This is an appeal from an order denying relief, without a hearing, on appellant’s motion to set aside a judgment sentencing him to a period of ten years in custody of the Attorney General.

Appellant’s complaint is strictly one of law and not of facts, and we hold that the trial court did not err in denying relief on the ground that the files and records showed conclusively that appellant vs as entitled to no relief.

Upon conviction of a narcotics violation as to which a minimum sentence of five years must be given for a first offender, the appellant admitted to a pri- or conviction, thus making mandatory a ten year sentence. The trial court sentenced him to seven years. Three days later, upon learning that such sentence was less than the minimum provided by *802 law, the trial court had appellant brought into court and corrected the sentence to ten years. It is from this order correcting sentence that appellant appeals.

As we have recently pointed out in Enzor v. United States, 5 Cir., 262 F.2d 172 , the trial court has this power. Rule 35, F.R.Crim.P., 18 U.S.C.A. Rule 35, provides: “The court may correct an illegal sentence at any time.” Such correction does not violate the constitutional rights of a convicted person. Bozza v. United States, 330 U.S. 160 , 67 S.Ct. 645 , 91 L.Ed. 818 .

The judgment is affirmed.

How later courts describe this case

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

Cited by 18 cases

View all citing references →
1963: 21964: 31965: 21972: 11975: 11980: 11982: 21985: 22001: 12015: 22022: 119632026peak 1964 · 3

Relies on it most ⓘ

  1. Thomas Llerena v. United States508 F.2d 78 (5th Cir. 1975)
  2. State v. Fraser471 So. 2d 769 (La. Ct. App. 1985)
  3. State v. Williams800 So. 2d 790 (La. 2001)
  4. United States v. John James Connolly618 F.2d 553 (9th Cir. 1980)
  5. Pueblo v. Lozano Díaz88 P.R. Dec. 834 (1963)
  6. United States v. Thomas356 F. Supp. 173 (E.D.N.Y. 1972)

Most recent

  1. State of West Virginia v. David Gilbert RiffleNo. 20-0765 (W. Va. June 7, 2022)
  2. State v. Brown164 So. 3d 395 (La. Ct. App. 2015)
  3. State of Louisiana v. Christopher J. BrownNo. KA-0014-1218 (La. Ct. App. May 6, 2015)
  4. State v. Williams800 So. 2d 790 (La. 2001)
  5. State v. Brisco470 So. 2d 569 (La. Ct. App. 1985)
  6. State v. Fraser471 So. 2d 769 (La. Ct. App. 1985)

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
Bozza v. United States, 330 U.S. 160 (1947) 512
Enzor v. United States, 262 F.2d 172 (5th Cir. 1959) 18

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