Legal Opinion
United States v. Dorsch
District Court, W.D. Pennsylvania
Decided October 23, 1957No. Crim. No. E-3748PublishedCited by 3 opinions
1Opinion of the Court
MARSH, District Judge.
The petitioner filed a “Motion to Vacate and Set Aside Judgment” presumably under § 2255, Title 28 U.S.C.A., contending that in violation of the Fifth Amendment of the United States Constitution he was twice placed in jeopardy for the crime of bank robbery1 committed on October 14, 1938, and hence the sentence he is serving is illegal.
An order was entered to show cause why the petitioner should not be produced at a hearing and testimony taken. At the time fixed for argument, counsel for both petitioner and the United States failed to appear. The court thereupon ordered a…
2Cases cited12 opinions
- Wade v. HunterSupreme Court of the United States · 1949
- United States v. HaymanSupreme Court of the United States · 1952
- Himmelfarb v. United StatesCourt of Appeals for the Ninth Circuit · 1949
- Johnson v. United StatesSupreme Court of the United States · 1912
- United States v. FoxCourt of Appeals for the Third Circuit · 1942
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3Cited by3 opinions
- Blondes v. StateCourt of Appeals of Maryland · 1975
- People v. RaoAppellate Division of the Supreme Court of the State of New York · 1976
- United States v. Di PippaDistrict Court, W.D. Pennsylvania · 1962