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UNITED STATES v. LEWIS

No. 11679.

392 F.2d 440 (1968)

UNITED STATES of America, Appellee, v. James Franklin LEWIS, Appellant.

United States Court of Appeals Fourth Circuit.

Decided March 4, 1968.

Attorney(s) appearing for the Case

Graham C. Lilly (Court-appointed counsel), for appellant.

William B. Long, Jr., Asst. U. S. Atty. (John C. Williams, U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BRYAN, Circuit Judge, and MERHIGE, District Judge.

ALBERT V. BRYAN, Circuit Judge:

Our question is whether 28 U.S. C. § 22551 authorizes review of a permissible maximum sentence imposed under a misapprehension of law, but unappealed. Our judgment is that limited to the circumstances here, there is review under this statute.

In 1965 James Franklin Lewis was placed on probation for five years after conviction for the interstate transportation of a stolen motor vehicle. 18 U...

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