Legal Opinion
Lsslie C. Bostick and Charles P. Lainhart v. United States
Court of Appeals for the Fifth Circuit
Decided March 24, 1969No. 24287PublishedCited by 6 opinions
1Opinion of the Court
ON PETITIONS FOR REHEARING
Before JOHN R. BROWN, Chief Judge and WISDOM, Circuit Judge, and BREWSTER, District Judge. PER CURIAM:
The petition of the United States for a rehearing is denied.
A defendant who receives the maximum sentence on each of several counts, the sentences to run concurrently, must be considered as having received the maximum sentence provided by law within the meaning of Bryans v. Blackwell, 5 Cir. 1967, 387 F.2d 764. See the recent decision of this Court in United States v. McCullough, 5 Cir. 1969, 405 F.2d 722. Accord: Lee v. United States, 9 Cir. 1968, 400 F.2d 185. In…
2Cases cited3 opinions
- Raymond Luther Bryans, Jr. v. O. G. Blackwell, Warden, United States Penitentiary, Atlanta, Georgia,appelleeCourt of Appeals for the Fifth Circuit · 1967
- Morris Wilbur Lee v. United StatesCourt of Appeals for the Ninth Circuit · 1968
- United States v. McCulloughCourt of Appeals for the Fifth Circuit · 1969
3Cited by6 opinions
- United States v. LarnerUnited States Court of Military Appeals · 1976
- Frank Soyka v. Noah L. Alldredge, Warden of the United States Northeast PenitentiaryCourt of Appeals for the Third Circuit · 1973
- United States v. Sandra ClaytonCourt of Appeals for the Ninth Circuit · 1979
- United States v. Alexander E. Lewis, Jr.Court of Appeals for the D.C. Circuit · 1971
- United States v. CrawfordDistrict Court, M.D. Tennessee · 1979
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