Legal Opinion

Oscar Douglas Nelson, Jr. v. United States

Court of Appeals for the Fifth Circuit

Decided February 6, 1969No. 26795PublishedCited by 7 opinions

1Per curiam

Pursuant to Rule 18 of the Rules of the Court, this case has been placed on the summary calendar for disposition without oral argument. 1

The appellant, who is serving a Florida state prison sentence, petitioned for annulment of a sentence imposed by the United States District Court in Tampa, Florida.

The district court denied relief on the merits, although the appellant has not commenced service of the sentence. See Peyton v. Rowe, 391 U.S. 54, 88 S.Ct. 1549, 20 L.Ed.2d 426 (1968).

The appellant’s sole contention was that it was error to impose the federal sentence while he was serving his…

2Cases cited4 opinions

  1. Peyton v. RoweSupreme Court of the United States · 1968
  2. Norman Wittner v. United StatesCourt of Appeals for the Fifth Circuit · 1969
  3. 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
  4. James Edward Clark v. United StatesCourt of Appeals for the Fifth Circuit · 1966

3Cited by7 opinions

  1. Willard Junior Chunn v. J. J. Clark, WardenCourt of Appeals for the Fifth Circuit · 1971
  2. Jackson C. Floyd v. Stanley R. Resor, Secretary of the Army, and United States of AmericaCourt of Appeals for the Fifth Circuit · 1969
  3. Malcolm Saulsbury v. United StatesCourt of Appeals for the Fifth Circuit · 1979
  4. Smothers v. StateMississippi Supreme Court · 1999
  5. Grant Heath v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1969

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