BROWN

v.

SUPERINTENDENT, VIRGINIA STATE PENITENTIARY

Citator

Cited By

• United States v. Kaiser, 893 F.2d 1300 (11th Cir. 1990)
  …States v. Gengo, 808 F. 2d 1, 3-4 n. 1 (2nd Cir. 1986) (noting that filing a false return under § 7206(1) is a lesser included offense of tax evasion in violation of § 7201); United States v. Rosenthal, 454 F. 2d 1252, 1255 (2nd Cir.), cert. denied, 406 U.S. 931, 92 S.Ct. 1801, 32 L.Ed.2d 134 (1972) (holding that an offense under § 7203 is a lesser included offense of § 7201, and that Congress did not intend two punishments for the one criminal activity). But cf. United States v. Foster, 789 F. 2d 457, 45…
• United States v. Sada Vargas, 615 F.2d 952 (2d Cir. 1980)
  …ied, 400 U.S. 849, 91 S.Ct. 40, 27 L.Ed.2d 87 (1970). . Of course, when an improper sentence on one of the counts is involved, the doctrine does not come into play. E. g., United States v. Rosenthal, 454 F. 2d 1252, 1255-56 (2d Cir.), cert. denied, 406 U.S. 931, 92 S.Ct. 1801, 32 L.Ed.2d 134 (1972) (lesser included offense, where two punishments not contemplated by Congress); United States v. Marshall, 427 F. 2d 434 (2d Cir. 1970) (sentence imposed on conviction upheld is proper). . The court continued:…
• Miller v. Bordenkircher, 764 F.2d 245 (4th Cir. 1985)
  …ulations of an involuntary plea claim have been treated as the same “ground” by this circuit and others. See, e.g. Sinclair v. State of Louisiana, 679 F. 2d 513, 514 (5th Cir.1982); Brown v. Peyton, 435 F. 2d 1352, 1354 (4th Cir.1970), cert. denied, 406 U.S. 931, 92 S.Ct. 1785, 32 L.Ed.2d 133 (1972).4 Voluntariness of the plea, indeed, was the focus of the hearing on the 1972 petition, at which petitioner was represented by counsel. Any assertion that Miller was not advised of his right to silence is necess…