Legal Opinion
Charles Simmons v. United States
Court of Appeals for the Fifth Circuit
Decided January 27, 1971No. 29558PublishedCited by 14 opinions
1Opinion of the Court
THORNBERRY, Circuit Judge:
There is a strange twist to this section 2255 appeal; here the petitioner asks this Court to hold that section 2255 was not available to him to challenge a federal sentence he was scheduled to serve as long as he was in the custody of State authorities. The reason why petitioner takes this seemingly anomalous position becomes apparent on a review of the facts.
On October 22, 1965, petitioner entered a plea of guilty in federal district court to a charge of conspiring to forge money orders in violation of 18 U.S.C. § 500. Sentencing was deferred pending a pre-sentence…
2Cases cited19 opinions
- United States v. HaymanSupreme Court of the United States · 1952
- Peyton v. RoweSupreme Court of the United States · 1968
- Heflin v. United StatesSupreme Court of the United States · 1959
- McNally v. HillSupreme Court of the United States · 1934
- Kaufman v. United StatesSupreme Court of the United States · 1969
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States v. Robert Dibernardo and Theodore RothsteinCourt of Appeals for the Eleventh Circuit · 1989
- United States v. Fernando BustillosCourt of Appeals for the Tenth Circuit · 1994
- United States v. Marion J. Russell, Jr., A/K/A John RossCourt of Appeals for the Eleventh Circuit · 1985
- Robert Lee Holleman v. United StatesCourt of Appeals for the Seventh Circuit · 1983
- Joaquin Ospina v. United StatesCourt of Appeals for the Sixth Circuit · 2004
9 more not listed; retrieve them via the Exa API.