Legal Opinion

Herndon v. United States

Court of Appeals for the Fourth Circuit

Decided October 9, 1953No. 6676PublishedCited by 4 opinions

1Per curiam

This is an appeal from the denial of a motion made under 28 U.S.C. § 2255 for correction of a sentence of imprisonment. Appellant pleaded guilty to an information containing two counts, one of which charged breaking into a post office and the other larceny of packages and letters. He was sentenced to terms of imprisonment under both counts and his contention now is that only one sentence was proper. There is no merit in this contention. Morgan v. Devine, 237 U.S. 632, 35 S.Ct. 712, 59 L.Ed. 1153; Montgomery v. United States, 4 Cir., 146 F.2d 142. Appellant also contends that the sentence of…

2Cases cited4 opinions

  1. Morgan v. DevineSupreme Court of the United States · 1915
  2. Tinder v. United StatesSupreme Court of the United States · 1953
  3. Montgomery v. United StatesCourt of Appeals for the Fourth Circuit · 1944
  4. United States v. HerndonDistrict Court, N.D. West Virginia · 1953

3Cited by4 opinions

  1. Newman v. United StatesCourt of Appeals for the Sixth Circuit · 1954
  2. Thomas Franklin Clemas v. United StatesCourt of Appeals for the Eighth Circuit · 1970
  3. People v. McFarlandCalifornia Supreme Court · 1962
  4. People v. McFarlandCalifornia Supreme Court · 1962

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