Legal Opinion

Harry Joseph Payne v. Paul J. Madigan, Warden, United States Penitentiary, Alcatraz, California

Court of Appeals for the Ninth Circuit

Decided January 19, 1960No. 16552_1PublishedCited by 42 opinions

1Opinion of the Court

HAMLEY, Circuit Judge.

This is a habeas corpus proceeding involving Harry Joseph Payne, a federal prisoner confined in Alcatraz penitentiary. He is being held to serve twelve years under seven written judgments and commitments. These judgments and commitments expressly provide for seven consecutive sentences to be served in sequence corresponding to the numbers of the seven criminal cases.

In his application for a writ, Payne alleged that the oral pronouncements from the bench at the time of sentencing were too indefinite, ambiguous, and equivocal to sustain the consecutive sentences as set out…

2Cases cited6 opinions

  1. United States v. DaughertySupreme Court of the United States · 1926
  2. United States v. PattersonUnited States Circuit Court · 1887
  3. Claude E. Spriggs v. United StatesCourt of Appeals for the Ninth Circuit · 1955
  4. Puccinelli v. United StatesCourt of Appeals for the Ninth Circuit · 1925
  5. Louis Fleish v. E. B. Swope, Warden, U. S. Penitentiary, Alcatraz, CaliforniaCourt of Appeals for the Ninth Circuit · 1955

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

3Cited by42 opinions

  1. United States v. Paul C. "Paulie" VillanoCourt of Appeals for the Tenth Circuit · 1987
  2. United States v. Darnell GarciaCourt of Appeals for the Ninth Circuit · 1994
  3. United States v. Juan Munoz-Dela RosaCourt of Appeals for the Ninth Circuit · 1974
  4. Ernest S. Borum v. United StatesCourt of Appeals for the D.C. Circuit · 1969
  5. United States v. Edwin PaganCourt of Appeals for the Second Circuit · 1986

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

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