Yates v. United States, 356 U.S. 363 (1958)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

Petitioner was tried and convicted for conspiracy to violate the Smith Act, but the conviction was reversed by this Court. 354 U.S. 298. For contempts and other subsidiary matters in the course of these proceedings, petitioner served over seven months’ imprisonment on the basis of actions by the District Court, several of which were set aside on appeal. One contempt action resulted in petitioner’s conviction for eleven contempts, and she was sentenced to eleven concurrent terms of one year’s imprisonment. Finding that there was only one contempt, this Court remanded the case to the District Court for appropriate resentencing. 355 U.S. 66. The District Court resentenced petitioner to imprisonment for one year for the single contempt.

Held: certiorari granted, judgment vacated, and cause remanded to the District Court with directions to reduce the sentence to the time petitioner has already been confined in the course of these proceedings. Pp. 363-367.

252 F. 2d 568, judgment vacated and cause remanded to District Court with directions.