Legal Opinion
United States v. James Franklin Lewis
Court of Appeals for the Fourth Circuit
Decided March 4, 1968No. 11679PublishedCited by 39 opinions
1Opinion of the Court
ALBERT V. BRYAN, Circuit Judge:
Our question is whether 28 U.S.C. § 2255 1 authorizes review of a permissible maximum sentence imposed under a misapprehension of law, but unappealed. Our judgment is that limited to the circumstances here, there is review under this statute.
In 1965 James Franklin Lewis was placed on probation for five years after conviction for the interstate transportation of a stolen motor vehicle. 18 U.S.C. § 2312. Six months later, November 23, 1966, on a charge of violating its conditions, Lewis’ probation was revoked. Under 18 U.S.C. § 4208(a) (2) 2 he was committed for…
2Cases cited10 opinions
- Hill v. United StatesSupreme Court of the United States · 1962
- Joseph L. Thomas v. United StatesCourt of Appeals for the Fifth Circuit · 1966
- Alastair Kyle v. United StatesCourt of Appeals for the Second Circuit · 1961
- United States v. William Joseph MartellCourt of Appeals for the Fourth Circuit · 1964
- United States v. Leroy WileyCourt of Appeals for the Seventh Circuit · 1959
5 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Earl Ellery Wright v. United States Board of Parole and United States of AmericaCourt of Appeals for the Sixth Circuit · 1977
- Houser v. United StatesCourt of Appeals for the Eighth Circuit · 1974
- United States v. Anthony Pipitone, Filippo Gallina, Also Known as "Philip,"Court of Appeals for the Second Circuit · 1995
- Robert D. Kortness v. United StatesCourt of Appeals for the Eighth Circuit · 1975
- United States v. Simeon Jessamy CokeCourt of Appeals for the Second Circuit · 1968
34 more not listed; retrieve them via the Exa API.