Claude C. Barde v. United States

Appellant seeks review of an order of the district court denying his motion to correct sentence. His appeal is based upon the claim that the actual punishment imposed rather than the maximum punishment provided by statute determines whether a given offense is a felony or a misdemeanor. The law is to the contrary. “Congress by statute passed in 1909, Sec. 541, 18 U.S.C.A., declared: ‘All offenses which may be punished by death or imprisonment for a term exceeding one year shall be deemed felonies. All other offenses shall be deemed misdemeanors’, and it has been uniformly held that it is not…