Hanley v. United States
Court of Appeals for the Second Circuit
On Rehearing. ■_ This cause lias been reargued. The original opinion, which modified the judgment of the district court by remitting all penalties in excess of the sentence imposed under the first indictment, was filed July 1, 1903 (C. C. A.; 123 Eed. 849). It may be referred to for a statement of the case. Subsequently the district attorney called attention to In re De Bara, 179 U. S. 316, 21 Sup.
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On Rehearing. ■_ This cause lias been reargued. The original opinion, which modified the judgment of the district court by remitting all penalties in excess of the sentence imposed under the first indictment, was filed July 1, 1903 (C. C. A.; 123 Eed. 849). It may be referred to for a statement of the case. Subsequently the district attorney called attention to In re De Bara, 179 U. S. 316, 21 Sup. Ct. 110, 45 L. Ed. 207, which had been overlooked in argument, and after examining the citation a reargument was ordered as to the application of said decision to the case at bar. In the original…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts). Referring to the section of the Revised Statutes under which sentence in this case *930was imposed, the Supreme Court in the De Bara Case, 179 U. S. 322, 21 Sup. Ct. 113, 45 L. Ed. 207, says: “To it [the trial,court] is confided the power to adapt the punishment to the degree of crime. It may sentence the full penalty upon one offense. It-may, though it is not required to, do more upon three offenses, and in a single sentence of one day, or of eighteen months, or three times eighteen months, it may express its views of the criminality of the defendant,” etc. In view of…
2Cases cited3 opinions
- In Re De BaraSupreme Court of the United States · 1900
- Wabash Railroad v. TourvilleSupreme Court of the United States · 1900
- Harvey v. United StatesCourt of Appeals for the Second Circuit · 1903
3Cited by5 opinions
- Brown v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- Hyde v. United StatesCourt of Appeals for the Eighth Circuit · 1912
- Foss Co. v. Vigilant Towing Co.Court of Appeals for the Ninth Circuit · 1929
- United States v. McVickarU.S. Circuit Court for the District of Southern New York · 1908
- Curione v. United StatesCourt of Appeals for the Second Circuit · 1926