PRESNELL
v.
MANNING, WARDEN, ET AL.

U.S. | 1959-10-19
No. 225
361 U.S. 868 Supreme Court of the United States (1959) Positive Treatment
Cited by 4 cases

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  • United States v. Liddy, 510 F.2d 669 (D.C. Cir. 1974)
    …S.Ct. 6, 27 L.Ed. 638 (1883), so we deem review to be appropriate at this time. . 275 U.S. 347, 48 S.Ct. 146, 72 L.Ed. 309 (1928). . Id. at 358, 359, 48 S.Ct. at 149-150. See also Egan v. United States, 268 F. 2d 820, 823 (8th Cir.), cert. denied, 361 U.S. 868, 80 S.Ct. 130, 4 L.Ed.2d 108 (1959), which cited the Murray and Lange cases for the proposition that “the beginning of the service of the sentence in a criminal case ends the power of the court to change it.” . This was conceded by the District Cou…
  • Martin v. United States, 517 F.2d 906 (8th Cir. 1975)
    …42 F. 2d 788, 789 (10th Cir. 1930). With the adoption of the Federal Rules of Criminal Procedure, the limited common law power to modify a sentence was further curtailed. We held in Egan v. United States, 268 F. 2d 820, 823 (8th Cir.), cert. denied, 361 U.S. 868, 80 S.Ct. 130, 4 L.Ed.2d 108 (1959), that, except as provided by Rule 35, “the beginning of the service of the sentence in a criminal case ends the power of the court to change it.” And as recently as last year, we declared that “the district court…
  • Coleman v. United States, 357 F.2d 563 (D.C. Cir. 1965)
    …(1964); Martin v. United States, 317 F. 2d 753 (9th Cir. 1963); Smith v. United States, 273 F. 2d 462 (10th Cir. 1959), cert. denied, 363 U.S. 846, 80 S.Ct. 1619, 4 L.Ed. 2d 1729 (1960); Egan v. United States, 268 F. 2d 820 (8th Cir.), cert. denied, 361 U.S. 868, 80 S.Ct. 130, 4 L.Ed.2d 198 (1959); United States v. Kapsalis, 214 F. 2d 677 (7th Cir. 1954), cert. denied, Robinson v. United States, 349 U.S. 906, 75 S.Ct. 583, 99 L.Ed. 1242 (1955); United States v. Rosenberg, 195 F. 2d 583, 604 (2d Cir.), cert.…

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