Legal Opinion

Sam Toyer v. United States

Court of Appeals for the Eighth Circuit

Decided June 30, 1961No. 16807PublishedCited by 7 opinions

1Per curiam

Appellant sought by motion in the trial court to have the word “concurrently” substituted for the word “consecutively” in the sentencing language contained in the judgment against him.

The part here involved of the judgment reads as follows:

“It is adjudged that the defendant is hereby committed to the custody of the Attorney General or his authorized representative for imprisonment for a period of five (5) years on Counts I, III, V and X; and for a period of ten (10) years on Counts II, IV, and VI; said sentences imposed on Counts I, II, III, IV, V and VI to be served concurrently with each…

2Cases cited3 opinions

  1. Harry Joseph Payne v. Paul J. Madigan, Warden, United States Penitentiary, Alcatraz, CaliforniaCourt of Appeals for the Ninth Circuit · 1960
  2. Thomas Edward Young and Margaret Rita Young v. United StatesCourt of Appeals for the Eighth Circuit · 1960
  3. Arthur Madison Fulton v. United StatesCourt of Appeals for the Fifth Circuit · 1957

3Cited by7 opinions

  1. Willie Junior Rakes v. United StatesCourt of Appeals for the Fourth Circuit · 1962
  2. State v. DurhamSupreme Court of Missouri · 1967
  3. United States v. Rusty LeisureCourt of Appeals for the Eighth Circuit · 2004
  4. Baysden v. United StatesDistrict Court, E.D. North Carolina · 1963
  5. Elliott Luis Strickland, Jr. v. United StatesCourt of Appeals for the Eighth Circuit · 1961

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