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268 F.2d 582

Docket No. 14952.

Abrams v. United States

District of Columbia Circuit Court of Appeals

Submitted May 27, 1959.

Decided June 18, 1959.

District of Columbia Circuit Court of Appeals · decided 1959-06-18

Cited by 2 later decisions — most recently June 1959

2 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on United States v. Daugherty · Aetna Life Insurance v. Texas Gulf Sulphur Co. · Gilliam v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1959-06-18

View the full empirical analysis of this case →

¶1*583Appellant filed a brief pro se, and his case was treated as submitted thereon.

¶2Mr. Carl W. Belcher, Asst. U. S. Atty., with whom Mr. Oliver Gasch, U. S. Atty., was on the brief, submitted on the brief for appellee.

¶3Before Washington, Bastían and Burger, Circuit Judges.

¶4PER CURIAM.

¶5Appellant filed a motion in the District Court seeking “correction” of his sentence on the ground that the judgment as recorded and signed by the trial judge failed to conform with the judgment pronounced orally.1 The difference to which appellant alludes is the written judgment’s specification of the sequence in which appellant’s sentences should be served. The oral judgment merely declared that the two sentences should be served consecutively without specifying which sentence would be served first.

¶6The District Court properly treated appellant’s motion as one under 28 U.S.C. § 2255 and correctly concluded that “the motion and the files and records of the case conclusively show that the defendant is entitled to no relief.” 2 United States v. Daugherty, 1926, 269 U.S. 360, 46 S.Ct. 156, 70 L.Ed. 309. The denial of the motion without hearing therefore is

¶7Affirmed.

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