Hallinan

United States v. Hallinan

Good Law
103 F. Supp. 800·1952 U.S. Dist. LEXIS 4576
United States District Court, Northern District of CaliforniaMarch 18, 1952No. 32117-HCalifornia1,292 words

Opinion

lead Opinion

Harris, J.

Vincent Hallinan has filed herein his motion for reduction of sentence in compliance with the requirements of Rule 35, Fed.Rules Crim.Proc. 18 U.S.C.A. He has also moved for a stay of execution. The United States has opposed the motion for reduction of sentence and has further opposed a stay of execution beyond the period required by defendant to appear before the Court of Appeals to present arguments on behalf of Mr. Harry Bridges.

Defendant argues that the sentence of six months imposed by the Court is out of line with sentences imposed in other contempt proceedings and accordingly should be reduced. There is no merit to such argument. The facts surrounding Mr. Halli-nan’s contemptuous conduct which gave rise to the sentence from which he appealed both to the Court of Appeals and the Supreme Court of the United States differ from those which gave rise to the series of decisions cited by defendant.

There is no longer doubt as to the legality of the original judgment and sentence in contempt of this Court. It has been sustained on appeal by the Court of Appeals, 182 F.2d 880 , Judge Orr stating at page 887: “Complaint is made as to the severity of the sentence. It is severe. We…

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