WHITE

v.

UNITED STATES

Citator

Cited By

• United States v. White, 440 F.2d 978 (5th Cir. 1971)
  …ate either of two sentences to be served concurrently if within the maximum. See Williamson v. United States, 5 Cir., 265 F. 2d 236.” 402 F. 2d at 73. A petition for certiorari to the Supreme Court was granted, and, in White v. United States, 1969, 395 U.S. 824, 89 S.Ct. 2138, 23 L.Ed.2d 741, our decision was vacated and the ease was remanded to this court for further consideration in light of Benton v. Maryland, 1969, 395 U.S. 784, 89 S.Ct. 2056, 23 L.Ed.2d 707, wherein it was held that “there is no juris…
• White v. United States, 419 F.2d 374 (5th Cir. 1969)
  …3, 1969, stated: “The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Benton v. Maryland, 395 U.S. 784, 89 S.Ct. 2056, 23 L.Ed.2d 707, decided this date.” 395 U.S. 824, 89 S.Ct. 2138, 23 L.Ed.2d 741. The Benton case held that what is known as the “concurrent sentence rule,” as most widely attributed to the case of Hirabayashi v. United States, 320 U.S. 81, 63 S.Ct. 1375, 87 L.Ed. 1774, no longer has the same vali…