United States v. Andrews

Second Circuit

United States v. Andrews

263 F.2d 608

CourtCourt of Appeals for the Second Circuit

DecidedFebruary 19, 1959

DocketNo. 216, Docket 25370

StatusPublished

This text of 263 F.2d 608 (United States v. Andrews) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Andrews, 263 F.2d 608 (2d Cir. 1959).

Pincite

Opinion

PER CURIAM.

Andrews’ conviction of intent and conspiracy to rob the mails in violation of 18 U.S.C. § 2114 was affirmed by us, but returned for resentencing because the trial judge erroneously believed he was without power to suspend the mandatory twenty-five-year penalty for the offense. United States v. Donovan, 2 Cir., 242 F.2d 61. Upon resentencing the judge suspended the sentence of one defendant who was not at the scene of the crime, but left intact the sentences of Donovan and Andrews. On appeal these judgments were affirmed in open court. United States v. Donovan, 2 Cir., 252 F.2d 788, certiorari denied Andrews v. United States, 357 U.S. 940, 78 S.Ct. 1389, 2 L.Ed.2d 1553. So far as any of the contentions now put forward may survive these earlier appeals, we find them without merit, as explained in Judge Palmieri’s lucid opinion below. We affirm on that opinion.

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

PER CURIAM.

Andrews’ conviction of intent and conspiracy to rob the mails in violation of 18 U.S.C. § 2114 was affirmed by us, but returned for resentencing because the trial judge erroneously believed he was without power to suspend the mandatory twenty-five-year penalty for the offense. United States v. Donovan, 2 Cir., 242 F.2d 61. Upon resentencing the judge suspended the sentence of one defendant who was not at the scene of the crime, but left intact the sentences of Donovan and Andrews. On appeal these judgments were affirmed in open court. United States v. Donovan, 2 Cir., 252 F.2d 788, certiorari denied Andrews v. United States, 357 U.S. 940, 78 S.Ct. 1389, 2 L.Ed.2d 1553. So far as any of the contentions now put forward may survive these earlier appeals, we find them without merit, as explained in Judge Palmieri’s lucid opinion below. We affirm on that opinion.

Cite This Page — Counsel Stack

Bluebook (online)

263 F.2d 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-andrews-ca2-1959.

Opinion

Related

Cite This Page — Counsel Stack