Legal Opinion
United States v. Terry Wayne Denson, Stephen Orlando and Joseph James Janish, in Re United States of America
Court of Appeals for the Fifth Circuit
Decided October 4, 1979No. 78-2102, 78-2508PublishedCited by 102 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
A writ of mandamus is sought by the government to correct an allegedly illegal sentence for a criminal offense. The defendants were convicted on two counts, one of which prescribes “imprisonment for any term of years or for life.” The trial judge imposed a ten year sentence on this count, suspended its execution and placed the defendants on probation. A panel of this court concluded that the trial court exceeded its authority in suspending execution of the sentence and placing the defendants on probation; that the government may not challenge the legality of the…
2Cases cited47 opinions
- Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
- Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
- Schlagenhauf v. HolderSupreme Court of the United States · 1965
- Will v. United StatesSupreme Court of the United States · 1967
- Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
42 more not listed; retrieve them via the Exa API.
3Cited by102 opinions
- RANDALL D. WOLCOTT, MD, PA v. SebeliusCourt of Appeals for the Fifth Circuit · 2011
- Defense Distributed v. BruckCourt of Appeals for the Fifth Circuit · 2022
- United States v. Michael M. Busic, United States of America v. Anthony LaroccaCourt of Appeals for the Third Circuit · 1981
- In Re Corrugated Container Antitrust Litigation. Steering CommitteeCourt of Appeals for the Fifth Circuit · 1980
- United States v. Robert J. L'hoste, R. J. L'Hoste & Company, Inc., Clarence Eugene Rogers and Marvin Cochran, in Re United States of AmericaCourt of Appeals for the Fifth Circuit · 1980
97 more not listed; retrieve them via the Exa API.