Yarbrough v. United States

Fifth Circuit

Yarbrough v. United States

151 F.2d 649, 1945 U.S. App. LEXIS 3010

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 30, 1945

DocketNo. 11311

StatusPublished

Cited by1 cases

This text of 151 F.2d 649 (Yarbrough v. United States) 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

Yarbrough v. United States, 151 F.2d 649, 1945 U.S. App. LEXIS 3010 (5th Cir. 1945).

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Opinion

PER CURIAM.

Counsel for the appellant and for appellee join in the statement in open court that the judge of the district court desires to modify and change the sentence pronounced, which has not yet been carried into effect, and to place the appellant on probation; and they join in a request that the case be remanded with permission that the judge reconsider and alter his sentence. No error appearing in the trial the conviction is affirmed, but the cause is ordered remanded to the district court with leave to the judge to reconsider and modify the sentence, and to place the defendant on probation. Scott v. United States, 5 Cir., 165 F. 172. Cf. United States v. Felder, D.C., 13 F.2d 526; 18 U.S.C.A. § 724.

Affirmed and remanded for resentence.

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PER CURIAM.

Counsel for the appellant and for appellee join in the statement in open court that the judge of the district court desires to modify and change the sentence pronounced, which has not yet been carried into effect, and to place the appellant on probation; and they join in a request that the case be remanded with permission that the judge reconsider and alter his sentence. No error appearing in the trial the conviction is affirmed, but the cause is ordered remanded to the district court with leave to the judge to reconsider and modify the sentence, and to place the defendant on probation. Scott v. United States, 5 Cir., 165 F. 172. Cf. United States v. Felder, D.C., 13 F.2d 526; 18 U.S.C.A. § 724.

Affirmed and remanded for resentence.

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151 F.2d 649, 1945 U.S. App. LEXIS 3010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yarbrough-v-united-states-ca5-1945.

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