Michael Joseph Amirr v. United States

Third Circuit

Michael Joseph Amirr v. United States

301 F.2d 662, 1962 U.S. App. LEXIS 5404

CourtCourt of Appeals for the Third Circuit

DecidedApril 11, 1962

Docket13862_1

StatusPublished

Cited by4 cases

This text of 301 F.2d 662 (Michael Joseph Amirr v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Michael Joseph Amirr v. United States, 301 F.2d 662, 1962 U.S. App. LEXIS 5404 (3d Cir. 1962).

Pincite

Opinion

PER CURIAM.

Appellant pleaded guilty to an information charging him with multiple counts of mail theft and forgery. On February 7, 1958, he was sentenced to one and one-half years imprisonment, to be followed by a four-year period of probation. On January 13, 1961, while he was in state custody, appellant was found guilty of violating the terms of his probation and was sentenced to an additional eighteen months in prison. This term began on April 21, 1961, following his release from state custody. The appellant now says that this second prison term should be dated from January 13, the date of sentencing.

The appellant tells no novel tale. It is well settled that where a federal court imposes a sentence upon a defendant who is, at that time, in state custody, the federal sentence begins to run when the defendant is received, after his release by the state authorities, at the “penitentiary, reformatory, or jail for service of said sentence.” 18 U.S.C. § 3568; Verdejo v. J. T. Willingham, 198 F.Supp. 748 (M.D.Pa.), aff’d per curiam, 295 F.2d 506 (3d Cir. 1961).

There was no error. The judgment of the district court will be affirmed.

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

PER CURIAM.

Appellant pleaded guilty to an information charging him with multiple counts of mail theft and forgery. On February 7, 1958, he was sentenced to one and one-half years imprisonment, to be followed by a four-year period of probation. On January 13, 1961, while he was in state custody, appellant was found guilty of violating the terms of his probation and was sentenced to an additional eighteen months in prison. This term began on April 21, 1961, following his release from state custody. The appellant now says that this second prison term should be dated from January 13, the date of sentencing.

The appellant tells no novel tale. It is well settled that where a federal court imposes a sentence upon a defendant who is, at that time, in state custody, the federal sentence begins to run when the defendant is received, after his release by the state authorities, at the “penitentiary, reformatory, or jail for service of said sentence.” 18 U.S.C. § 3568; Verdejo v. J. T. Willingham, 198 F.Supp. 748 (M.D.Pa.), aff’d per curiam, 295 F.2d 506 (3d Cir. 1961).

There was no error. The judgment of the district court will be affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

301 F.2d 662, 1962 U.S. App. LEXIS 5404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-joseph-amirr-v-united-states-ca3-1962.

Opinion

Related

Cite This Page — Counsel Stack