VERHEUL
v.
JOHNSTON, WARDEN
This is an appeal from an order denying appellant’s application for writ of habeas corpus. Appellant was indicted for bank robbery committed January 5, 1935, and after plea of guilty was sentenced, on May 31, 1935, to a term of twenty-five years imprisonment. He contends that the indictment stated an offense under the Act of May 18, 1934, ch. 304, 48 Stat. 783, sec. 2(a), 12 U.S.C.A. § 588b, subd. (a), which fixes the maximum penalty at twenty years, and not under subdivision (b), id. sec. 2(b), 12 U.S.C.A. § 588b, subd. (b), which fixes the maximum penalty at twenty-five years. The sentence authorized by 12 U.S.C.A. § 588b, subdivision (a) (20 years) not having expired, the application is premature. Smith v. Johnston, 9 Cir., 83 F.2d 321; Hall v. Johnston, 9 Cir., 86 F.2d 820; Ex parte Mhlendez, 9 Cir., 98 F.2d 791.
Order affirmed.
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Wilson v. Bell, 137 F.2d 716 (6th Cir. 1943)
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Demaurez v. Squier, 121 F.2d 960 (9th Cir. 1941)
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ST. Louis Refrigerating & Cold Storage Co. v. United States, 162 F.2d 394 (8th Cir. 1947)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hall v. Johnston, 86 F.2d 820 (9th Cir. 1936)
- Ex parte Melendez, 98 F.2d 791 (9th Cir. 1938)
- Smith v. Johnston, 83 F.2d 321 (9th Cir. 1936)