Opinion · Court of Appeals for the D.C. Circuit
Watson v. United States
Watson v. United States, 174 F.2d 253 (Court of Appeals for the D.C. Circuit 1948)
- Type
- Opinion
- Court
- Court of Appeals for the D.C. Circuit
- Jurisdiction
- Federal
- Date
- 1948-11-01
- Topic
- general
How later courts describe this case
- "so-called 'anchor sentences' if reversed are not effective as an agency of punishment," and "they may be considered 'to evidence the intention of the court in respect of connected sentences' "
Citator
UpLaw has not yet analyzed Watson v. United States. The absence of a flag is not a finding that it is good law.
- Cited by
- 14 opinions
WATSON v. UNITED STATES,174 F.2d 253(D.C. Cir. 1948)
WATSON v. UNITED STATES.
Nos. 9778, 9779.
United States Court of Appeals, District of Columbia Circuit.
Argued June 7, 1948.
Decided November 1, 1948.
Walter E. Watson was convicted on four charges of housebreaking and of escape. The District Court sua sponte thereafter vacated the two to six year sentence in the escape case upon ground that it was invalid, and defendant then filed a petition for order directing record entries and commitments in the two post-escape housebreaking cases be corrected so as to specify that sentences therein should run concurrently with the sentences in the two pre-escape housebreaking cases. From order denying the petition, the defendant appeals.
Affirmed.
Mr. Ross O'Donoghue, Assistant United States Attorney, with whom Mr. George Morris Fay, United States Attorney, and Mr. John C. Conliff, Assistant United States Attorney, who entered appearances, were on the brief, for appellee. Mr. Sidney S. Sachs, Assistant United States Attorney, also entered an appearance for appellee.
Before STEPHENS, Chief Justice, and EDGERTON and PROCTOR, Associate Justices.
We think the appellant's contention is not supportable. It is clear, if the whole of the foregoing sentence record is considered, that the District Court intended that the sentence in the escape case and the sentences in the two post-escape housebreaking cases should commence to run, concurrently, at the expiration of service of the sentences in the two pre-escape housebreaking cases. What the appellant's contention in effect comes to is that because the so-called "anchor sentence" in the escape case was vacated as void and is therefore of no effect as an agency of punishment for the escape, its words cannot be looked to for the purpose of ascertaining the intention of the court as to the time of taking effect of the sentences in the two post-escape housebreaking cases. This view is not warranted either in reason or in any authority of either binding or persuasive force to which our attention is called. It is a purely conceptualistic contention which would require the District Court to blind its eyes to clear evidence of its own intention in respect of the time of commencement of the sentences in the two post-escape housebreaking cases. That a sentence may be void as an agency of punishment does not obliterate it from the records of the court so far as concerns its effect to evidence the intention of the court in respect of connected sentences.
The appellant relies upon Ekberg v. United States, 1 Cir., 1948,167 F.2d 380, and United States v. Tuffanelli, 7 Cir., 1943,138 F.2d 981. These cases are not pertinent. The Ekberg case holds merely that time served under an invalid sentence, to which other sentences were consecutive, must be credited to the latter. The Tuffanelli case holds that a district court, after a court of appeals has affirmed convictions on certain counts and reversed convictions on other counts, may not enter a new, different and modified judgment on the counts which have been affirmed and thereby augment the sentences originally imposed upon such counts.
Affirmed.Page 255Page 494