MONTGOMERY v. UNITED STATES

No. 12427.

134 F.2d 1 (1943)

MONTGOMERY et al. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

March 24, 1943.


Attorney(s) appearing for the Case

Ralph M. Russell, of Kansas City, Mo., for appellants.

Otto Schmid, Asst. U. S. Atty., of Kansas City, Mo. (Maurice M. Milligan, U.S. Atty. of Kansas City, Mo. on the brief), for appellee.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.


SANBORN, Circuit Judge.

The question to be decided is whether the court below could, by ex parte orders, amend its records of sentences of imprisonment, aggregating ten years, imposed upon the appellants on January 15, 1940, under four separate indictments pending in that court, to which they had entered pleas of guilty. The effect of the amendments was to make it appear that the sentences were to be served after the appellants had completed serving three prior sentences...

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