Opinion

Brown v. United States

  • 368 F.2d 841
Court
Court of Appeals for the Fifth Circuit
Filed
Nov 21, 1966
Status
Published
Cited by
5 cases
Authority
More cited than 70.7%

The opinion

PER CURIAM:

The appellant has appealed from the denial of a motion for the correction of sentence pursuant to Rule 35, Federal Rules Crim.Proc., 18 U.S.C.A. After waiver of counsel, appellant entered a plea of guilty to all three counts of an indictment. Each count carried a maximum penalty of five years. The district court imposed a general sentence of six years. The contention is that the sentence is illegal under Benson v. United States, 5th Cir. 1964, 332 F.2d 288 . The sentence was imposed prior to the decisión in the Benson case. The question is whether Benson should be given retrospective effect. It is our conclusion that retrospective effect is not required either by the Constitution of the United States or by anything said in the Benson opinion. See Tehan v. United States ex rel. Shott, 382 U.S. 406 , 86 S.Ct. 459 , 15 L.Ed.2d 453, 456-461 (1966). The order of the district court is

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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