Legal Opinion

United States v. Jude Somerset Hardesty

Court of Appeals for the Ninth Circuit

Decided March 10, 1992No. 90-30260PublishedCited by 19 opinions

1Opinion of the Court

FERGUSON, Circuit Judge:

While serving a ten-year state prison term, defendant-appellant Hardesty was convicted in federal district court in 1984 of possessing a sawed-off shotgun in violation of 26 U.S.C. §§ 5861(d) & 5871. He was sentenced to a ten year term of imprisonment to run consecutively to the state prison sentence. Upon completing his state prison term in 1990, Hardesty filed a motion under 28 U.S.C. §'2255 and former Fed.R.Crim.P. 35(a),1 contending that the consecutive sentence was “illegal.” He re-questéd that his sentence be- reduced to time already served and, in the…

2Cases cited43 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. United States v. PungitoreCourt of Appeals for the Third Circuit · 1990
  3. Atonio v. Wards Cove Packing Co.Court of Appeals for the Ninth Circuit · 1987
  4. Murray v. United StatesSupreme Court of the United States · 1965
  5. Tommy v. Greenhow v. Secretary of Health & Human ServicesCourt of Appeals for the Ninth Circuit · 1988

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3Cited by19 opinions

  1. United States v. Jude Somerset HardestyCourt of Appeals for the Ninth Circuit · 1992
  2. United States v. Timothy Curtis BallardCourt of Appeals for the Eleventh Circuit · 1993
  3. United States v. Okwudiri R. Arishi, AKA Remy Arishi, R. ArisiCourt of Appeals for the Ninth Circuit · 1995
  4. United States v. Manuel GrimaldoCourt of Appeals for the Ninth Circuit · 2021
  5. United States v. BlueDistrict Court, District of Columbia · 1995

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