Legal Opinion
United States v. Lawrence Francis McBride
Court of Appeals for the First Circuit
Decided June 20, 1977No. 77-1047PublishedCited by 11 opinions
1Opinion of the Court
LEVIN H. CAMPBELL, Circuit Judge.
In United States v. DiRusso (DiRusso II), 548 F.2d 372 (1st Cir. 1976), we held that a sentenced prisoner could not use 28 U.S.C. § 2255 1 as a vehicle for attacking a sentence imposed after promulgation of the United States Parole Commission’s new paroling guidelines on the ground that the different parole policies reflected in the guidelines caused the execution of the sentence to frustrate the intentions of the sentencing judge. We left open whether we would permit challenges under section 2255 to sentences imposed before promulgation of the guidelines. Id.…
2Cases cited14 opinions
- United States v. MorganSupreme Court of the United States · 1954
- United States v. RobinsonSupreme Court of the United States · 1960
- United States v. Ben J. Slutsky and Julius S. Slutsky D/B/A "The Nevele,"Court of Appeals for the Second Circuit · 1975
- Robert D. Kortness v. United StatesCourt of Appeals for the Eighth Circuit · 1975
- Steve Gomori, Jr. v. Floyd ArnoldCourt of Appeals for the Third Circuit · 1976
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Geraghty v. United States Parole CommissionCourt of Appeals for the Third Circuit · 1978
- John Dioguardi v. United StatesCourt of Appeals for the Second Circuit · 1978
- Paul E. Johnson v. United StatesCourt of Appeals for the First Circuit · 1981
- United States v. James F. Kent, James F. Kent v. Warden, Federal Correctional Institution, Eglin Air Force Base, FloridaCourt of Appeals for the Fifth Circuit · 1977
- Charles Musto v. United StatesCourt of Appeals for the Third Circuit · 1978
6 more not listed; retrieve them via the Exa API.