[DOWNLOAD] "Tinin v. United States" by United States Court of Appeals for the Tenth Circuit # Book PDF Kindle ePub Free

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eBook details

• Title: Tinin v. United States
• Author : United States Court of Appeals for the Tenth Circuit
• Release Date : January 08, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

BREITENSTEIN, Circuit Judge. This appeal is from the denial of a motion under Rule 35, F.R.Crim.P., for correction of sentence. After his plea of guilty to a violation of the Dyer Act, 18 U.S.C. § 2312, prisoner was sentenced on November 25, 1961, over his protest, under the Federal Youth Correction Act, 18 U.S.C. § 5005 et seq., for an indeterminate period with a potential maximum of six years. In a Section 2255 proceedings the sentence was vacated on authority of our decision in Chapin v. United States, 10 Cir., 341 F.2d 900, and on September 22, 1965, he was resentenced to a five-year term, the maximum permissible under 18 U.S.C. § 2312. The judgment and commitment provided for determination of parole eligibility under 18 U.S.C. § 4208(a) (2) and recommended to the Board of Parole and the Bureau of Prisons that consideration be given for the time served under the vacated sentence imposed on November 25, 1961.

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