United States v. Kenneth Eugene Gibbs and Ronald Charles Wachs, United States of America v. Honorable James M. Carter

Kenneth Eugene Gibbs, twenty years of age, and Ronald Charles Wachs, nineteen years of age, were convicted on their pleas of guilty of the crime of importing marihuana in violation of 21 U.S.C.A. § 174 . In the judgments entered on May 16, 1960, imposition of sentence was suspended, and defendants were placed on probation for a period of five years subject to certain conditions. Section 5010(a) of 18 U.S.C.A., a provision of the Youth Corrections Act, was relied upon by the trial court as authority for the suspensions and probation.

On May 18, 1960, the Government filed a motion under rule 35, Federal Rules of Criminal Procedure, 18 U.S.C.A., to correct the sentences. This motion was denied on May 24, 1960. Notices of appeal from the judgments and the order denying rule 35 relief were filed on June 3, 1960. The Government’s opening brief was filed on October 15, 1960. At the same time, and as an alternative to the appeal procedure, the Government filed here a motion for leave to file a petition for a writ of mandamus. On October 21, 1960, we granted the motion and ordered the respondent judge to show cause on November 28, 1960, why the petition for a writ of mandamus should not…