Legal Opinion

United States v. Terry Wayne Denson, Stephen Orlando and Joseph James Janish, Defendants- in Re United States of America

Court of Appeals for the Fifth Circuit

Decided March 30, 1979No. 78-2102, 78-2508PublishedCited by 42 opinions

1Opinion of the Court

JAMES C. HILL, Circuit Judge:

In No. 78-2508 the Government petitions for a writ of mandamus ordering the District Court to correct allegedly illegal sentences entered in this action on May 19, 1978. In No. 78-2102 the Government has filed a notice of appeal in an effort to challenge the same allegedly illegal sentences through the alternative procedure of a direct appeal. The substantive issue presented is whether 18 U.S.C.A. § 3651 authorizes a suspended sentence and probation for a conviction under 18 U.S.C.A. § 241 in a case in which the victim of the constitutional deprivation was killed.…

2Cases cited127 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Furman v. GeorgiaSupreme Court of the United States · 1972
  3. Benton v. MarylandSupreme Court of the United States · 1969
  4. United States v. TuckerSupreme Court of the United States · 1972
  5. United States v. American Trucking AssociationsSupreme Court of the United States · 1940

122 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. People v. TannerCalifornia Supreme Court · 1979
  2. Hahn, Michael S. And Bradley, B. Shay and All Other Persons Similarly Situated v. United StatesCourt of Appeals for the Third Circuit · 1985
  3. United States v. Terry Wayne Denson, Stephen Orlando and Joseph James Janish, in Re United States of AmericaCourt of Appeals for the Fifth Circuit · 1979
  4. United States v. John Horak, and United States of America v. John HorakCourt of Appeals for the Seventh Circuit · 1987
  5. People v. StatumCalifornia Supreme Court · 2002

37 more not listed; retrieve them via the Exa API.

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