ROGERS
v.
UNITED STATES
ROGERS
UNITED STATES
378 U.S. 549
Supreme Court of the United States (1964)
Positive Treatment
Cited by 8 cases
Per_curiam
Per Curiam.
The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case remanded to the United States District Court for the Western District of Oklahoma for resentencing in light of the concessions made by the Solicitor General and upon an examination of the entire record in the case.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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United States v. Lippner, 676 F.2d 456 (11th Cir. 1982)…ive history failed to make the reason for the change clear, the court concluded that it likely resulted from an attempt to avoid the problem presented by Rogers v. United States, 325 F. 2d 485 (10th Cir. 1963), vacated and remanded for resentencing, 378 U.S. 549, 84 S.Ct. 1932,12 L.Ed.2d 1041 (1964), in which the Supreme Court held resentencing was necessitated after appellant’s prior conviction was overturned on appeal. This reasoning was adopted by the Ninth Circuit in Williams v. United States, 651 F. 2d…
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United States v. Thornbrugh, 962 F.2d 1438 (10th Cir. 1992)
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United States v. Allen, 566 F.2d 1193 (3d Cir. 1977)…gress must have been aware that several federal courts had interpreted the language “previously been convicted” to mean convicted in the lower court. See Rogers v. United States, 325 F. 2d 485 (10th Cir. 1963), vacated and remanded for resentencing, 378 U.S. 549, 84 S.Ct. 1932, 12 L.Ed.2d 1041 (1964); Gonzalez v. United States, 224 F. 2d 431 (1st Cir. 1955). Thus Congress omitted language which had been interpreted as permitting sentencing under the recidivist provision despite the fact that the first convi…
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