John Dolack v. United States

Good Law
376 F.2d 756·1967 U.S. App. LEXIS 6825
United States Court of Appeals for the Ninth CircuitApril 7, 196721256_1California2,396 words

Opinion

Opinion

Hamlin, J.

On January 12, 1962, an information was filed in the United States District Court for the District of Hawaii against John Dolack, appellant herein, charging a violation of section 1341, Title 18 United States Code. This information is set out in the footnote.

In open court, after being carefully advised of his constitutional rights by the United States District Judge, appellant waived the filing of any indictment by the Grand Jury, stated that he did not want a lawyer, that he understood the charge against him, and that he wanted to enter a plea of guilty. The detailed proceedings are set out in the footnote.

On February 5, 1962, the court after receiving the report of the probation of ficer, sentenced appellant “to the custody of the Attorney General for imprisonment for the maximum period authorized by law, i. e., FIVE (5) YEARS, and for a study as described in 18 U.S.C. § 4208 (c), the results of such study to be furnished [to the] court within three months, whereupon the sentence of im prisonment [would be] subject to modification in accordance with 18 U.S.C. § 4208 (b).”

On May 4, 1962, the court, having received the report of the study prescribed in 18 U.S.C. § 4208 (c)…

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