PAYNE

v.

MADIGAN, WARDEN

Citator

Cited By (22 total)

• Nat'l Labor Relations Bd. v. Miranda Fuel Co., Inc., 326 F.2d 172 (2d Cir. 1963)
  …sted that the proceedings theretofore had in Miranda be vacated and the case remanded to the Board. This was done, Local 553, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America v. N. L. R. B., 1961, 366 U.S. 763, 81 S.Ct. 1670, 6 L.Ed.2d 853. We repeat the statement of facts from our former opinion, with certain addi [*174] tions. Lopuch’s loss of seniority arose in the following manner. In April 1957, Lopuch had been employed as a truck driver by the Company, a seller…
• Borum v. United States, 409 F.2d 433 (D.C. Cir. 1967)
  …tion of sentence.” F.R.Crim.P. 32(b), 43. . Henley v. Heritage, 337 F. 2d 847, 848 (5th Cir. 1964); Cuozzo v. United States, 340 F. 2d 303, 304 (5th Cir. 1965); Payne v. Madigan, 274 F. 2d 702, 704 (9th Cir. 1960), aff’d by an equally divided court 366 U.S. 761, 81 S.Ct. 1670, 6 L.Ed.2d 853 (1961). See also Kennedy v. Reid, supra note 28. . See Gilliam v. United States, Kennedy v. Reid and Downey v. United States, all supra note 28. . Henley v. Heritage, supra note 29, 337 F. 2d at 848; Hode v. Sanford,…
• United States v. Pagan, 785 F.2d 378 (2d Cir. 1986)
  …d 29, 30 (2d Cir.1983). However, “[a] commitment order may properly serve the function of resolving ambiguities in orally pronounced sentences.” Id. at 30-31 (citing Payne v. Madigan, 274 F. 2d 702 (9th Cir.1960), aff'd by an equally divided Court, 366 U.S. 761, 81 S.Ct. 1670, 6 L.Ed.2d 853. (1961)). Because of concerns voiced by counsel at the sentencing proceedings, the oral sentence in this case left the question of special assessments open until such time as the judge could determine from the statute i…

Authorities Cited

• Adams v. Banmiller, 364 U.S. 807 (U.S. 1961)