JONES v. UNITED STATES

No. 19745.

419 F.2d 593 (1969)

William Herbert JONES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

December 31, 1969.


Attorney(s) appearing for the Case

William Herbert Jones, pro se.

Robert E. Johnson, U. S. Atty., and James A. Gutensohn, Fort Smith, Ark., for appellee.

Before BLACKMUN, MEHAFFY and LAY, Circuit Judges.


BLACKMUN, Circuit Judge.

We are concerned here with the meaning of the words "mandatory penalty" as employed in a federal criminal statute. Do these words relate to a prison term of fixed or minimum length, as contrasted with the common "not more than * * * years", or, on the other hand, do they relate to a prison term which must be served and as to which postconviction benefits of suspension of sentence, probation, and parole are specifically denied?

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