Sanders

Sanders v. Johnston

Good Law
165 F.2d 736·1948 U.S. App. LEXIS 1951
United States Court of Appeals for the Ninth CircuitJanuary 21, 1948No. 11622California911 words

Opinion

Lead Opinion

Orr, J.

The question in this case is whether a conviction for the crime of armed robbery obtained in the United States District Court for the District of Maryland is now a nullity because the written judgment failed to include all matters prescribed by Rule 32(b) of the Federal Rules of Criminal Procedure, 18 U.S.C.A. following section 687. The judgment reads as follows:

“ * * * that the defendant Hilliard Sanders, also known as George L. Thompson be committed to the custody of the Attorney General of the United States for imprisonment in such place of confinement as he may designate, for the period of twenty years and pay a fine of $5,000.00 with costs, and with further commitment in default of payment of said fine.”

The appeal is from an order of the District Court of the United States for the Northern District of California, Southern Division, denying appellant’s petition for a writ of habeas corpus.

Appellant is an inmate of the United States penitentiary at Alcatraz, California, being confined there upon a commitment issued pursuant to the judgment rendered by said United States District Court for Maryland. The judgment is alleged to be null and void in that it fails to set forth…

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