Littlejohn v. Hiatt, Warden

Fifth Circuit

Littlejohn v. Hiatt, Warden

197 F.2d 334, 1952 U.S. App. LEXIS 2627

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 18, 1952

Docket14001

StatusPublished

Cited by4 cases

This text of 197 F.2d 334 (Littlejohn v. Hiatt, Warden) 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

Littlejohn v. Hiatt, Warden, 197 F.2d 334, 1952 U.S. App. LEXIS 2627 (5th Cir. 1952).

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Opinion

HOLMES, Circuit Judge.

After waiving indictment and entering a plea of guilty to a criminal information charging him with the violation oí Section 1708, Title 18, United States Code, appellant was sentenced to imprisonment for five years. This appeal is from the denial of his petition for a writ of habeas corpus, in which petition he asserted the same grounds as had been asserted in his motion to vacate the sentence which was denied by the sentencing court

The criminal information in question charged appellant with stealing from a mail box a letter containing a charge-a-plate of a value in excess of $100. Appellant contends that the charge-a-plate was, in fact, of a value less than $100, and that, under 18 U.S.C. § 1708, a sentence in excess of one year may not be imposed when the value of the thing taken is less than $100. He alleged that he has completed over one year of imprisonment, and asked that he be released from custody.

By his plea of guilty, appellant admitted the facts alleged in the information. Lindsay v. U. S., 10 Cir., 134 F.2d 960, 962. He cannot now avail himself of a denial of those facts in an effort to secure his release, and the order appealed from is affirmed. Affirmed.

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HOLMES, Circuit Judge.

After waiving indictment and entering a plea of guilty to a criminal information charging him with the violation oí Section 1708, Title 18, United States Code, appellant was sentenced to imprisonment for five years. This appeal is from the denial of his petition for a writ of habeas corpus, in which petition he asserted the same grounds as had been asserted in his motion to vacate the sentence which was denied by the sentencing court

The criminal information in question charged appellant with stealing from a mail box a letter containing a charge-a-plate of a value in excess of $100. Appellant contends that the charge-a-plate was, in fact, of a value less than $100, and that, under 18 U.S.C. § 1708, a sentence in excess of one year may not be imposed when the value of the thing taken is less than $100. He alleged that he has completed over one year of imprisonment, and asked that he be released from custody.

By his plea of guilty, appellant admitted the facts alleged in the information. Lindsay v. U. S., 10 Cir., 134 F.2d 960, 962. He cannot now avail himself of a denial of those facts in an effort to secure his release, and the order appealed from is affirmed. Affirmed.

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Bluebook (online)

197 F.2d 334, 1952 U.S. App. LEXIS 2627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/littlejohn-v-hiatt-warden-ca5-1952.

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