Legal Opinion

D. L. Birchfield v. United States of America, and David M. Heritage, Warden, Etc.

Court of Appeals for the Fifth Circuit

Decided November 17, 1961No. 18892PublishedCited by 23 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

This is an appeal from a denial of a writ of habeas corpus. Petitioner is currently in custody under three sentences entered in May 1947 in United States District Court for the Western District of North Carolina. The sentences, expressly made consecutive in nature, were 20 years for armed robbery of a bank, 12 U.S.C.A. § 588b, 1 5 years for transportation of a stolen automobile, 18 U.S.C.A. § 408, 2 and 5 years for transportation of stolen money, 18 U.S.C.A. §§ 413-419. 3

The petition, read as it must be with a lenient regard for the technical deficiencies of these…

2Cases cited11 opinions

  1. Salinger v. LoiselSupreme Court of the United States · 1924
  2. Press v. FalkSupreme Court of the United States · 1958
  3. Gebhart v. HunterCourt of Appeals for the Tenth Circuit · 1950
  4. Collins v. United StatesCourt of Appeals for the Eighth Circuit · 1953
  5. William Earl Gardner v. United States of America, And/or Fred T. Wilkinson, Warden, United States Penitentiary, Atlanta, GeorgiaCourt of Appeals for the Fifth Circuit · 1960

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

3Cited by23 opinions

  1. Robert Louis Porter v. United StatesCourt of Appeals for the Fifth Circuit · 1962
  2. Ernest C. Davis v. Attorney General of the United StatesCourt of Appeals for the Fifth Circuit · 1970
  3. Johnson v. StateIdaho Supreme Court · 1962
  4. Leon Bearden v. United StatesCourt of Appeals for the Fifth Circuit · 1969
  5. Accardi v. BlackwellCourt of Appeals for the Fifth Circuit · 1969

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

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