Legal Opinion

Phillips v. United States

Court of Appeals for the Eighth Circuit

Decided May 4, 1954No. 14848_1PublishedCited by 41 opinions

1Opinion of the Court

SANBORN, Circuit Judge.

The question for decision is whether a District Court which has entered a judgment of conviction of a defendant upon an indictment or information containing a number of counts and has sentenced him to serve a period of imprisonment under each count — the periods to run consecutively, — may, after the defendant has commenced the service of his sentence, suspend, for purposes of probation, the further execution of it with respect to completely unserved periods of imprisonment.

The power to suspend execution of sentence and grant probation is derived from § 3651, Title 18…

2Cases cited23 opinions

  1. Berman v. United StatesSupreme Court of the United States · 1937
  2. United States v. BenzSupreme Court of the United States · 1931
  3. Hill v. United States Ex Rel. WamplerSupreme Court of the United States · 1936
  4. United States v. MurraySupreme Court of the United States · 1928
  5. United States v. DaughertySupreme Court of the United States · 1926

18 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Affronti v. United StatesSupreme Court of the United States · 1955
  2. United States v. Herbert A. EllenbogenCourt of Appeals for the Second Circuit · 1968
  3. John Benson, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1964
  4. John J. Morrissey v. Lou v. Brewer, Warden, G. Donald Booher v. Lee and O'Brien Counties and the State of IowaCourt of Appeals for the Eighth Circuit · 1971
  5. Earl Egan v. United StatesCourt of Appeals for the Eighth Circuit · 1959

36 more not listed; retrieve them via the Exa API.

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