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Bernard Young Smith v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas

Bernard Young SMITH, Appellant, v. J. C. TAYLOR, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee

Smith v. J. C. Taylor,, United States Penitentiary, Leavenworth, Kan., 297 F.2d 927 (10th Cir. 1962)
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Court
Court of Appeals for the Tenth Circuit · U.S. Courts of Appeals
Decided
January 12, 1962
Docket
No. 6865_1
Judges
Murrah, Lewis, Rice
Citations
297 F.2d 9271962 U.S. App. LEXIS 6219

Opinion — Per Curiam

PER CURIAM.

This is an appeal from the j'udgment of the United States District Court, District of Kansas, denying appellant’s application for a writ of habeas corpus, Appellant was consecutively sentenced, pursuant to his pleas of guilty to various counts contained in three separate indictments, to an aggregate total of twenty-one years. Sentences on the remaining counts were made to run concur *928 rently with one or more of the consecutively imposed sentences. Appellant’s sole contention is that the sentencing court was without power, in the absence of specific statutory authorization, to impose consecutive sentences. The contention is patently meritless and, on authority of Carmack v. United States, 10 Cir., 296 F.2d 893 , and Swepston v. United States, 8 Cir., 289 F.2d 166 , the judgment is affirmed.

How later courts describe this case

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

1962: 21971: 119622026peak 1962 · 2

Relies on it most ⓘ

  1. United States v. Robert Charles Hodges, United States of America v436 F.2d 676 (10th Cir. 1971)
  2. Richard L. Marshall v. United States299 F.2d 141 (10th Cir. 1962)
  3. William Thomas Shields v. United States of America310 F.2d 708 (6th Cir. 1962)

Most recent

  1. United States v. Robert Charles Hodges, United States of America v436 F.2d 676 (10th Cir. 1971)
  2. William Thomas Shields v. United States of America310 F.2d 708 (6th Cir. 1962)
  3. Richard L. Marshall v. United States299 F.2d 141 (10th Cir. 1962)

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
Swepston v. United States, 289 F.2d 166 (8th Cir. 1961) 29
Carmack v. United States, 296 F.2d 893 (10th Cir. 1961) 6

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