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Robert Walter Roberts v. United States

Robert Walter ROBERTS, Appellant, v. UNITED STATES of America, Appellee

Roberts v. United States, 365 F.2d 251 (9th Cir. 1966)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
August 15, 1966
Docket
No. 20858
Judges
Browning, Johnsen, Duniway
Citations
365 F.2d 251

Opinion — Per Curiam

PER CURIAM:

Appeal from an order denying a motion made under section 2255, Title 28, U.S.C.

It appears that Roberts is not now serving the sentence to which his motion is directed, but is serving a prior valid sentence which has not yet expired. For that reason, the trial court correctly denied the present motion. When Roberts has completed serving the prior sentence, he will then be in a position to renew his motion and to bring before the trial court the substantial questions that he raises as to the validity of the sentence of August 23, 1965, the validity of the order vacating that sentence of November 4, 1965, and the effect of his purported discharge under that sentence on November 5, 1965.

Affirmed without prejudice to the renewal of the motion in the trial court at an appropriate time.

How later courts describe this case

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

1967: 11968: 119672026peak 1967 · 1

Relies on it most ⓘ

  1. United States v. Gross298 F. Supp. 449 (N.D. Iowa 1968)
  2. McKay v. United States274 F. Supp. 1022 (D.N.D. 1967)

Most recent

  1. United States v. Gross298 F. Supp. 449 (N.D. Iowa 1968)
  2. McKay v. United States274 F. Supp. 1022 (D.N.D. 1967)

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
United States v. Davis, 365 F.2d 251 (6th Cir. 1966) 46

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