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HOLLOWAY v. UNITED STATES

No. 10840.

191 F.2d 504 (1951)

HOLLOWAY v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided August 2, 1951.

Attorney(s) appearing for the Case

Bernard Margolius, Washington, D. C. (appointed by this Court), for appellant.

Joseph F. Goetten, Asst. U. S. Atty., Washington, D. C., with whom George Morris Fay, U. S. Atty. and Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee. L. Clark Ewing, Asst. U. S. Atty., Washington, D. C., also entered an appearance for appellee.

Before PRETTYMAN and WASHINGTON, Circuit Judges, and LEDERLE, District Judge, sitting by designation.

LEDERLE, District Judge.

This appeal questions the legality and effect of an indeterminate sentence of 2½ to 7 years imposed upon defendant-appellant by the District Court in Criminal Case No. 73337, which provides "said sentence to take effect at the expiration of sentence imposed in Criminal Case No. 73336." Defendant contends that this sentence is not sufficiently definite and certain to be valid as a cumulative sentence, that there was an invalid suspension...

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