Legal Opinion

Willard Junior Chunn v. United States

Court of Appeals for the Fifth Circuit

Decided June 19, 1972No. 72-2156PublishedCited by 11 opinions

1Per curiam

Unusual as is issuance of the Great Writ of Habeas Corpus, 1 rarer still is the classic § 2255 unlawful sentence. The confused record in this case, however, indicates that Defendant apparently has been sentenced to a longer term than the statute allows. Accordingly, we vacate and remand the District Court’s order denying § 2255 relief for further appropriate proceedings.

Defendant was convicted on his pleas of guilty to post office burglary and possession of stolen money orders, violations of 18 U.S.C.A. §§ 2115 2 and 641. Importantly, Count I of the indictment encompassed the § 2115…

2Cases cited4 opinions

  1. James C. Henley v. D. M. Heritage, Warden, U.S. Penitentiary, Atlanta, GeorgiaCourt of Appeals for the Fifth Circuit · 1964
  2. Arthur Holland v. C. Murray Henderson, WardenCourt of Appeals for the Fifth Circuit · 1972
  3. James Henry Davis v. S. Lamont Smith, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1970
  4. Paul Albert Patterson v. United StatesCourt of Appeals for the Fifth Circuit · 1967

3Cited by11 opinions

  1. United States v. ChavezCourt of Appeals for the Eleventh Circuit · 2000
  2. United States v. George M. KhouryCourt of Appeals for the Eleventh Circuit · 1990
  3. State v. FordSouth Dakota Supreme Court · 1982
  4. Harvey Allen Ward v. United StatesCourt of Appeals for the Fifth Circuit · 1975
  5. United States v. Gerald SanjurjoCourt of Appeals for the Second Circuit · 1973

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