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Clarence Williams v. United States

Clarence WILLIAMS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee

Williams v. United States, 422 F.2d 1318 (5th Cir. 1970)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
February 16, 1970
Docket
No. 28850
Judges
Wisdom, Coleman, Simpson
Citations
422 F.2d 1318

Opinion — Per Curiam

PER CURIAM:

In this pro se case appellant has failed to file a brief within the time fixed by Rule 31, F.R.A.P., and has requested that the case be disposed of summarily pursuant to Rule 9(c) (2) of this Court. Stout v. Broom, 5 Cir. 1969, 406 F.2d 758 . The district court denied appellant’s motion to vacate sentence pursuant to 28 U.S.C. § 2255 . We affirm.

Clarence Williams was convicted on his plea of guilty on two counts of possession of stolen mail, violations of 18 U.S.C. § 1708 . He was sentenced to concurrent terms of four years on each count. On that same day, however, before appellant had left the courthouse, he was returned to the courtroom and resentenced to two consecutive four year terms. The sentencing judge explained to Williams that he had intended to say “consecutively” at the earlier proceedings instead of “concurrently”.

Williams filed his motion in the court below challenging the authority of the court to alter a sentence once it has been pronounced. The court below denied the motion without a hearing.

When a defendant has not been transferred from the court's custody to a place of detention at the time his sentences are altered, service of the sentences has not officially commenced, and defendant’s rights are not impinged by the trial court’s timely alteration of his sentences. Vincent v. United States, 8 Cir. 1964, 337 F.2d 891 , cert. denied, 380 U.S. 988 , 85 S.Ct. 1363 , 14 L.Ed.2d 281 , reh. denied, 381 U.S. 947 , 85 S.Ct. 1775 , 14 L.Ed.2d 713 ; United States v. Byars, 6 Cir. 1961, 290 F.2d 515 , cert. denied, 368 U.S. 905 , 82 S.Ct. 185 , 7 L.Ed.2d 99 , reh. denied, 368 U.S. 872 , 82 S.Ct. 65 , 7 L.Ed.2d 73 ; Kelley v. United States, 4 Cir. 1956, 235 F.2d 44 ; Walton v. United States, 1953, 92 U.S.App.D.C. 26 , 202 F.2d 18 ; De-Maggio v. Coxe, 2 Cir. 1934, 70 F.2d 840 . Williams had not been removed from the trial court’s custody and thus had not commenced service of his sentence. Therefore, the court’s correction of his sentence was permissible. We affirm the judgment of the district court.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 19 cases

View all citing references →
1970: 11971: 11979: 11980: 11981: 11982: 21983: 21985: 21987: 11989: 21996: 11998: 12001: 12007: 12009: 119702026peak 1982 · 2

Relies on it most ⓘ

  1. Curtis v. State789 So. 2d 394 (Fla. Dist. Ct. App. 2001)
  2. Brown v. State376 So. 2d 1382 (Ala. Crim. App. 1979)
  3. Whitehead v. State21 So. 3d 157 (Fla. Dist. Ct. App. 2009)
  4. United States v. Michael M639 F.2d 940 (3d Cir. 1981)
  5. United States v. Dorothy Jefferson714 F.2d 689 (7th Cir. 1983)
  6. United States v. Carl P. Fogel829 F.2d 77 (D.C. Cir. 1987)

Most recent

  1. Whitehead v. State21 So. 3d 157 (Fla. Dist. Ct. App. 2009)
  2. Obara v. State958 So. 2d 1019 (Fla. Dist. Ct. App. 2007)
  3. Curtis v. State789 So. 2d 394 (Fla. Dist. Ct. App. 2001)
  4. Snell v. State723 So. 2d 105 (Ala. Crim. App. 1998)
  5. Crisel v. State677 So. 2d 95 (Fla. Dist. Ct. App. 1996)
  6. United States v. Hallam723 F. Supp. 66 (N.D. Ind. 1989)

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 6

DepthCaseCited by
Walton v. United States (Two Cases), 202 F.2d 18 (D.C. Cir. 1953) 25
Vincent v. United States, 337 F.2d 891 (8th Cir. 1964) 75
United States v. Byars, 290 F.2d 515 (6th Cir. 1961) 26
De Maggio v. Coxe, 70 F.2d 840 (2d Cir. 1934) 14
Stout v. Sheriff, 406 F.2d 758 (5th Cir. 1969) 13
Kelley v. United States, 235 F.2d 44 (4th Cir. 1956) 11

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