Herndon v. United States

Fourth Circuit

Herndon v. United States

207 F.2d 412

CourtCourt of Appeals for the Fourth Circuit

DecidedOctober 9, 1953

Docket6676

StatusPublished

Cited by4 cases

This text of 207 F.2d 412 (Herndon v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Herndon v. United States, 207 F.2d 412 (4th Cir. 1953).

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Opinion

PER CURIAM.

This is an appeal from the denial of a motion made under 28 U.S.C. § 2255 for correction of a sentence of imprisonment. Appellant pleaded guilty to an information containing two counts, one of which charged breaking into a post office and the other larceny of packages and letters. He was sentenced to terms of imprisonment under both counts and his contention now is that only one sentence was proper. There is no merit in this contention. Morgan v. Devine, 237 U.S. 632, 35 S.Ct. 712, 59 L.Ed. 1153; Montgomery v. United States, 4 Cir., 146 F.2d 142. Appellant also contends that the sentence of three years imposed under the second count of the indictment is illegal since the offense charged was committed prior to the recent amendment of the statute and it is not alleged that the packages and letters stolen were of a greater value than $100. This point is well taken. Tinder v. United States, 345 U.S. 565, 73 S.Ct. 911. The order appealed from, 113 F.Supp. 730, will accordingly be reversed and the case will be remanded with direction to set aside the sentence on the second count of the indictment and resentence the defendant on that count.

Reversed and remanded with directions.

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PER CURIAM.

This is an appeal from the denial of a motion made under 28 U.S.C. § 2255 for correction of a sentence of imprisonment. Appellant pleaded guilty to an information containing two counts, one of which charged breaking into a post office and the other larceny of packages and letters. He was sentenced to terms of imprisonment under both counts and his contention now is that only one sentence was proper. There is no merit in this contention. Morgan v. Devine, 237 U.S. 632, 35 S.Ct. 712, 59 L.Ed. 1153; Montgomery v. United States, 4 Cir., 146 F.2d 142. Appellant also contends that the sentence of three years imposed under the second count of the indictment is illegal since the offense charged was committed prior to the recent amendment of the statute and it is not alleged that the packages and letters stolen were of a greater value than $100. This point is well taken. Tinder v. United States, 345 U.S. 565, 73 S.Ct. 911. The order appealed from, 113 F.Supp. 730, will accordingly be reversed and the case will be remanded with direction to set aside the sentence on the second count of the indictment and resentence the defendant on that count.

Reversed and remanded with directions.

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207 F.2d 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herndon-v-united-states-ca4-1953.

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