Dellan
Dellan v. United States
Opinion
Lead Opinion
Gilbert, J.
At the July, 1926, term of the court below, the appellant entered a plea of guilty to an indictment. An order was made continuing the imposition of his sentence to the January, 1927, term of court. During that term orders were made from time to time continuing the matter to specified dates, until on March 15, 1927, an order was entered continuing it to the July, 1927, term. At the beginning of that term the ease was entered on the term trial calendar, and five days later an order was made striking it from that calendar. During the July term, on November 14, 1927, the appellant was sentenced. He filed in the court below his petition for ha *244 beas corpus alleging that the continuances of the court were indefinite, and that sentence imposed on November 14, 1927, was void for the reason that the court had lost jurisdiction to pronounce sentence at any time during that term. The writ of habeas corpus was denied.
It is not disputed that, when a court without a valid reason and quite indefinitely postpones the imposition of sentence, it may not pronounee sentence at a subsequent term. Ex parte Singer (C. C. A.) 284 F. 60 . The appellant contends that jurisdiction was lost when on…