SOL KAYE, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
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The court held that a guilty plea waives the defense of entrapment, and the delay between the plea and sentencing does not deprive the court of jurisdiction.
Appellant pleaded guilty to theft from an interstate shipment but sentencing was delayed due to co-defendants' cases. Appellant later sought to vacate…
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PER CURIAM.
Appellant entered a plea of guilty on February 2, 1951, to Counts 2, 3 and 4 of a four-count indictment charging theft from an interstate shipment in violation of Section 659, Title 18, U.S.Code. Due to the pendency of charges against three co-defendants which were not disposed of until April 22, 1952, sentence was not imposed at the time of the plea. A sentence of two years was ultimately imposed by the District Judge on January 23, 1953, without any request in the meantime from appellant that sentence be imposed without further delay.
The present appeal is from a denial by the District Judge to vacate the judgment of January 23, 1953. Section 2255, Title 28, U.S.Code.
The Court being of the opinion that appellant’s contention that the sentence is void because of entrapment is not meritorious in view of his plea of guilty, United States v. Kaiser, 7 Cir., 138 F. 2d 219, certiorari denied 320 U.S. 801, 64 S.Ct. 431, 88 L.Ed. 483; Bugg v. Hudspeth, 10 Cir., 113 F. 2d 260; Russell v. United States, 4 Cir., 212 F. 2d 87, certiorari denied 347 U.S. 1020, 74 S.Ct. 877, 98 L.Ed. 1141. And that the lapse of time between the plea-and the sentence did not deprive the Court of jurisdiction to impose sentence at a later term of Court, Miller v. Aderhold, 288 U.S. 206, 53 S. Ct. 325, 77 L.Ed. 702; Ellerbrake v. King, 8 Cir., 116 F. 2d 168, 170; Rule 45(c), Rules of Criminal Procedure, 18 U.S.C. It is ordered that the judgment be affirmed.
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Citator
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United States v. Pruitt, 341 F.2d 700 (4th Cir. 1965)
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Galdino Juarez-Casares v. United States, 496 F.2d 190 (5th Cir. 1974)
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Welsh v. United States, 348 F.2d 885 (6th Cir. 1965)
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
- Miller v. Aderhold, 288 U.S. 206 (U.S. 1933)
- United States v. Kaiser, 138 F.2d 219 (7th Cir. 1943)
- Bugg v. Hudspeth, 113 F.2d 260 (10th Cir. 1940)
- Ellerbrake v. King, 116 F.2d 168 (8th Cir. 1940)
- Zernit v. United States, 320 U.S. 801 (U.S. 1944)
- United States ex rel. Jordan v. Ickes, 320 U.S. 801 (U.S. 1944)
- Russell v. United States, 212 F.2d 87 (4th Cir. 1954)
- Manfredonia v. United States, 347 U.S. 1020 (U.S. 1954)
- Neigut v. United States, 347 U.S. 1020 (U.S. 1954)