SPENCER

v.

ILLINOIS; PISANI V. RAGEN, WARDEN; GAVALIS V. RAGEN, WARDEN; LYONS V. RAGEN, WARDEN; AND WOODWARD V. NIERSTHEIMER, WARDEN

Citator

Cited By

• Ekberg v. United States, 167 F.2d 380 (1st Cir. 1948)
  …se point, the analogies sustained the conclusion, and we so hold, that the order denying this second motion was appealable within the time limited by Rule 37(a) (2). Cf. Remine v. United States, 6 Cir., 1947, 161 F. 2d 1020, certiorari denied, 1947, 331 U.S. 862, 67 S.Ct. 1759. Coming then to the merits, we think appellant is entitled to relief. The problem of multiple offenses Under 18 U.S.C.A. § 76 is somewhat illuminated by decisions in two commonly recurring situations: (1) It is well settled that th…
• United States v. Corson, 449 F.2d 544 (3d Cir. 1971)
  …957). Several cases employed the merger theory even before Prince. See, e. g., Price v. United States, 193 F. 2d 523 (6th Cir. 1951) ; Gebhart v. Hunter, 184 F. 2d 644 (10th Cir. 1950) ; Remine v. United States, 161 F. 2d 1020 (6th Cir.) cert. den. 331 U.S. 862, (1947) ; Hewitt v. United States, supra (8th Cir.) ; Durrett v. United States, 107 F. 2d 438 (5th Cir. 1939). . Sawyer v. United States, 312 F. 2d 24 (8th Cir. 1963) ; Hardy v. United States, 292 F. 2d 192 (8th Cir. 1961) ; United States v. Leathe…
• Oddo v. United States, 171 F.2d 854 (2d Cir. 1949)
  …s imprisonment, the ten day period mentioned in Rule ■37(a) (2) did not start to run until receipt of the notice required by Rule 49(c). Such appears to be the view of the Sixth Circuit in Remine v. United States, 161 F. 2d 1020, certiorari denied 331 U.S. 862, 67 S.Ct. 1759, 91 L.Ed. 1868. Additional support for this view may be found in the court’s discussion in Hill v. Hawes, 320 U.S. 520, 523, 64 S.Ct. 334, 88 L.Ed. 283, 149 A.L.R. 736, of Rule 77(d) of the Federal Rules of Civil Procedure, 28 U.S.C.…