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Hill v. United States, 368 U.S. 424 (1962)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Hill v. United States, 368 U.S. 424 (1962)
Hill v. United States No. 68 Argued December 5, 1961 Decided January 22, 1962 368 U.S. 424
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
In a Federal District Court, petitioner was convicted of two federal crimes and sentenced to imprisonment. He was represented by counsel both at the trial and when sentence was imposed, but, before imposing sentence, the judge failed to comply with the requirement of Rule 32(a) of the Federal Rules of Criminal Procedure that he afford petitioner an opportunity to make a statement in his own behalf. Petitioner took no appeal; but five years later he moved under 28 U.S.C. § 2255 to vacate the sentence because of the judge’s failure to comply with Rule 32(a).
Held:
1. Failure to follow the formal requirements of Rule 32(a) is not of itself an error that can be raised by collateral attack under 28 U.S. C. § 2255. Pp. 425-429.
2. Though petitioner denominated his motion as one brought under 28 U.S.C. § 2255, it may be considered as a motion to correct an illegal sentence under Rule 35 of the Federal Rules of Criminal Procedure; but the narrow function of that Rule is to permit correction of an illegal sentence, not to reexamine errors occurring at the trial or other proceedings prior to the imposition of sentence. P. 430.
282 F.2d 352 affirmed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Hill v. United States, 368 U.S. 424 (1962) in 368 U.S. 424 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=6C9Q4RX4ZP9P3TZ.
MLA: U.S. Supreme Court. "Syllabus." Hill v. United States, 368 U.S. 424 (1962), in 368 U.S. 424, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=6C9Q4RX4ZP9P3TZ.
Harvard: U.S. Supreme Court, 'Syllabus' in Hill v. United States, 368 U.S. 424 (1962). cited in 1962, 368 U.S. 424. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=6C9Q4RX4ZP9P3TZ.
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