Elmer B. Pickens v. United States

Fifth Circuit

Elmer B. Pickens v. United States

412 F.2d 859, 1969 U.S. App. LEXIS 11363

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 24, 1969

Docket27280_1

StatusPublished

Cited by1 cases

This text of 412 F.2d 859 (Elmer B. Pickens v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Elmer B. Pickens v. United States, 412 F.2d 859, 1969 U.S. App. LEXIS 11363 (5th Cir. 1969).

Pincite

Opinion

PER CURIAM:

It is ordered, sua sponte, that counsel be appointed to represent appellant and to assist the court in the determination whether the case of United States v. Jackson, 1968, 390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138, applied to the Federal Bank Robbery Act, 18 U.S.C.A. § 2113(e) in Pope v. United States, 1968, 392 U.S. 651, 88 S.Ct. 2145, 20 L.Ed.2d 1317, should be applied retroactively, and if so, whether the decision should be applied in the instant case in view of the fact that appellant’s sentence was fixed by a jury on his plea of guilty. See Lone v. United States, D.C.N.D.Cal., 299 F.Supp. 855, April 28, 1969, for a collation of authorities. See Brady v. United States, 395 U.S. 976, 89 S.Ct. 2146, 23 L.Ed.2d 764, certiorari granted on retroactivity question under federal kidnapping act.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

It is ordered, sua sponte, that counsel be appointed to represent appellant and to assist the court in the determination whether the case of United States v. Jackson, 1968, 390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138, applied to the Federal Bank Robbery Act, 18 U.S.C.A. § 2113(e) in Pope v. United States, 1968, 392 U.S. 651, 88 S.Ct. 2145, 20 L.Ed.2d 1317, should be applied retroactively, and if so, whether the decision should be applied in the instant case in view of the fact that appellant’s sentence was fixed by a jury on his plea of guilty. See Lone v. United States, D.C.N.D.Cal., 299 F.Supp. 855, April 28, 1969, for a collation of authorities. See Brady v. United States, 395 U.S. 976, 89 S.Ct. 2146, 23 L.Ed.2d 764, certiorari granted on retroactivity question under federal kidnapping act.

Cite This Page — Counsel Stack

Bluebook (online)

412 F.2d 859, 1969 U.S. App. LEXIS 11363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elmer-b-pickens-v-united-states-ca5-1969.

Opinion

Related

Cite This Page — Counsel Stack