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263 F.2d 608

Docket No. 216, Docket 25370.

United States v. Andrews

Second Circuit Court of Appeals

Argued Feb. 2, 1959.

Decided Feb. 19, 1959.

Second Circuit Court of Appeals · decided 1959-02-19

2 counsel of record

Applies 18 U.S.C. § 2114 · 28 U.S.C. § 291

Relies on Public Service Commission v. United States · United States v. Donovan · Primbs v. People of the State of California

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1959-02-19

How this case has been cited

Cited by 4 later decisions — most recently September 1988

4 federal appellate ·

201959196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Jacob W. Friedman, New York City, by assignment (Albert Andrews, defendant-appellant, pro se), for defendant-appellant.

¶2George I. Gordon, Asst. U. S. Atty., S.D.N.Y., New York City (Arthur H. Christy, U. S. Atty., New York City, on the brief), for appellee.

¶3Before CLARK, Chief Judge, MADDEN, Judge, United States Court of Claims* and HINCKS, Circuit Judge.

¶5PER CURIAM.

¶6Andrews’ conviction of intent and conspiracy to rob the mails in violation of 18 U.S.C. § 2114 was affirmed by us, but returned for resentencing because the trial judge erroneously believed he was without power to suspend the mandatory twenty-five-year penalty for the offense. United States v. Donovan, 2 Cir., 242 F.2d 61. Upon resentencing the judge suspended the sentence of one defendant who was not at the scene of the crime, but left intact the sentences of Donovan and Andrews. On appeal these judgments were affirmed in open court. United States v. Donovan, 2 Cir., 252 F.2d 788, certiorari denied Andrews v. United States, 357 U.S. 940, 78 S.Ct. 1389, 2 L.Ed.2d 1553. So far as any of the contentions now put forward may survive these earlier appeals, we find them without merit, as explained in Judge Palmieri’s lucid opinion below. We affirm on that opinion.

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