Raymond Roy Chalupiak v. United States

Sixth Circuit

Raymond Roy Chalupiak v. United States

256 F.2d 144, 1958 U.S. App. LEXIS 4315

CourtCourt of Appeals for the Sixth Circuit

DecidedMay 31, 1958

Docket13336_1

StatusPublished

Cited by1 cases

This text of 256 F.2d 144 (Raymond Roy Chalupiak v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Raymond Roy Chalupiak v. United States, 256 F.2d 144, 1958 U.S. App. LEXIS 4315 (6th Cir. 1958).

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Opinion

PER CURIAM.

Appellant filed his motion to vacate sentence pursuant to Title 28 U.S. C.A., § 2255, on the ground that he had been placed in double jeopardy by reason of a retrial after the sentence on the original trial had been set aside, and, also, because the sentence on the second trial was excessive. The claim of double jeopardy is without merit. Robinson v. United States, 6 Cir., 144 F.2d 392, 397. The three-year sentence was within the statutory maximum of five years and was, therefore, not excessive.

The judgment of the district court, denying the motion to vacate, is affirmed.

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PER CURIAM.

Appellant filed his motion to vacate sentence pursuant to Title 28 U.S. C.A., § 2255, on the ground that he had been placed in double jeopardy by reason of a retrial after the sentence on the original trial had been set aside, and, also, because the sentence on the second trial was excessive. The claim of double jeopardy is without merit. Robinson v. United States, 6 Cir., 144 F.2d 392, 397. The three-year sentence was within the statutory maximum of five years and was, therefore, not excessive.

The judgment of the district court, denying the motion to vacate, is affirmed.

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256 F.2d 144, 1958 U.S. App. LEXIS 4315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raymond-roy-chalupiak-v-united-states-ca6-1958.

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