Legal Opinion

Dorssart v. Blackwell

District Court, N.D. Georgia

Decided October 31, 1967No. Civ. A. No. 11277PublishedCited by 1 opinion

1Opinion of the Court

ORDER

EDENFIELD, District Judge.

Petitioner is presently confined in the United States penitentiary in Atlanta, Georgia, where he is serving a one-year sentence imposed by the District Court for the Eastern District of Louisiana. He has alleged that his confinement in a penitentiary, when his sentence is for no more than one year, is in violation of 18 U.S.C. § 4083 and is therefore illegal.

Section 4083 reads as follows:

“Persons convicted of offenses against the United States or by courts-martial punishable by imprisonment for more than one year may be confined in any United States penitentiary.

2Cases cited3 opinions

  1. Emil Richard Yates v. United StatesCourt of Appeals for the Tenth Circuit · 1963
  2. Copeland v. ArcherCourt of Appeals for the Ninth Circuit · 1931
  3. United States ex rel. Ormento v. Warden, United States Penitentiary, LeavenworthUnited States District Court for the District of Arkansas · 1963

3Cited by1 opinion

  1. Jesse James Robinson v. G. F. McCune Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1976

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