United States v. Daniel Michael Daly
Opinion
Opinion
King, J.
FACTS
On September 21, 1981, in a jury trial with three codefendants, Daly was found guilty of conspiracy in violation of 18 U.S. C. § 371 and two counts of receiving falsely made securities in violation of 18 U.S.C. § 2315 . The securities were counterfeit automobile certificates of title used as part of a car theft scheme.
On October 29, 1981, the district court sentenced Daly to four years for the violation of section 371 and five years for the two counts of violation of section 2315. Of the five year sentence for violations of section 2315, the district court ordered that the first 120 days were to be spent in a jail-type institution, with the balance of the sentence suspended and the defendant placed on five years probation. The sentence under section 2315 was made consecutive to the sentence under section 371.
On October 30, 1981, Daly filed a notice of appeal, and on November 20, 1981, the Circuit Court ordered him released on bond pending appeal. On November 3, 1983, the Ninth Circuit affirmed Daly’s conviction. United States v. Daly, 716 F.2d 1499 (9th Cir.1983), cert. dismissed, 465 U.S. 1075 , 104 S.Ct. 1456 , 79 L.Ed.2d 773 (1984). On November 18, 1983, the district…