|
|
Green v. United States, 365 U.S. 301 (1961)
Contents:
Show Summary
Hide Summary
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.
Green v. United States, 365 U.S. 301 (1961)
Green v. United States Nos. 70 and 179 Argued January 10-11, 1961 Decided February 27, 1961 365 U.S. 301
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
Syllabus
Petitioner was convicted in a Federal District Court on a three-count indictment under 18 U.S.C. § 2113 for (1) entering a bank with intent to commit a felony, (2) robbing the bank, and (3) assaulting or putting in jeopardy the lives of persons by using a dangerous weapon while committing the robbery. Before passing sentence, the District Judge asked, "Did you want to say something?", whereupon petitioner’s counsel at some length invoked the Judge’s discretionary leniency. Petitioner was then sentenced to imprisonment for 20 years on each of the first two counts and for 25 years on the third count, all to run concurrently. Seven years later, petitioner filed two motions under Rule 35 of the Federal Rules of Criminal Procedure to vacate the sentence, claiming that (1) it was illegal because he had not been permitted to speak in his own behalf prior to sentencing, as required by Rule 32(a), and (2) the 25-year sentence under Count 3 for aggravated bank robbery was illegal because the judge had exhausted his power to sentence when he imposed the sentence under Count 2 for unaggravated bank robbery. Both motions were denied.
Held: the judgment is affirmed. Pp. 302-306.
273 F.2d 216 and 274 F.2d 59 affirmed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Green v. United States, 365 U.S. 301 (1961) in 365 U.S. 301 365 U.S. 302. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=F7S58WD7JPRJHK3.
MLA: U.S. Supreme Court. "Syllabus." Green v. United States, 365 U.S. 301 (1961), in 365 U.S. 301, page 365 U.S. 302. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=F7S58WD7JPRJHK3.
Harvard: U.S. Supreme Court, 'Syllabus' in Green v. United States, 365 U.S. 301 (1961). cited in 1961, 365 U.S. 301, pp.365 U.S. 302. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=F7S58WD7JPRJHK3.
|