Legal Opinion
United States v. Green
District Court, D. Massachusetts
Decided June 15, 1959No. Cr. No. 52-130PublishedCited by 6 opinions
1Opinion of the Court
ALDRICH, District Judge.
This is a motion to vacate sentence under Rule 35 of the Federal Rules of Criminal Procedure, 18 U.S.C.A., the pertinent portion of which is as follows, “The court may correct an illegal sentence at any time.” Accompanying the motion was no filing fee, but an affidavit which the clerk construed as being in forma pauperis so as to eliminate the necessity of a filing fee. This affidavit made no reference to the defendant’s citizenship. Without instructions from me the clerk filed the motion on the civil side and wrote the defendant that his affidavit was defective…
2Cases cited10 opinions
- Heflin v. United StatesSupreme Court of the United States · 1959
- Ekberg v. United StatesCourt of Appeals for the First Circuit · 1948
- Cook v. United StatesCourt of Appeals for the First Circuit · 1948
- Ronald Couch v. United StatesCourt of Appeals for the D.C. Circuit · 1956
- Diego Gonzalez v. United StatesCourt of Appeals for the First Circuit · 1956
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Theodore Green v. United StatesCourt of Appeals for the First Circuit · 1963
- Theodore Green v. United StatesCourt of Appeals for the First Circuit · 1959
- Clyde Johnson v. United StatesCourt of Appeals for the Sixth Circuit · 1964
- Clyde Johnson v. United StatesCourt of Appeals for the Sixth Circuit · 1964
- Green v. United StatesDistrict Court, D. Massachusetts · 1965
1 more not listed; retrieve them via the Exa API.