Henry Hayes v. United States

FAHY, Circuit Judge.

At a jury trial appellant was convicted of two violations of the Federal Narcotic Laws. 1 The violations occurred in August 1956. A few weeks earlier, on July 18, 1956, Congress had increased the penalties for second offenders of these laws. 2 Appellant was a second offender but due to inadvertence was given a general sentence on March 8, 1957, under the old statute, for 30 to 90 months imprisonment, with a suspended fine of $100.00. No appeal was noted.

On May 8, 1957, on motion of the United States, the sentence was changed by an order amending the March 8 Judgment and…