BARDE v. UNITED STATES

No. 12410.

224 F.2d 959 (1955)

Claude C. BARDE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

June 4, 1955.


Attorney(s) appearing for the Case

Claude C. Barde, in pro. per., Leavenworth, Kan., William H. Bur, Cincinnati, Ohio (appointed by the court), for appellant.

Wendell A. Miles, Grand Rapids, Mich., for appellee.

Before SIMONS, Chief Judge, and ALLEN and McALLISTER, Circuit Judges.


PER CURIAM.

Appellant seeks review of an order of the district court denying his motion to correct sentence. His appeal is based upon the claim that the actual punishment imposed rather than the maximum punishment provided by statute determines whether a given offense is a felony or a misdemeanor. The law is to the contrary. "Congress by statute passed in 1909, Sec. 541, 18 U.S.C.A., declared: `All offenses which may be punished by death or imprisonment for a term...

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