U.S. v. JACK

No. 88-2017.

868 F.2d 1186 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Moses Clarence JACK, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 28, 1989.


Attorney(s) appearing for the Case

Ann Steinmetz, Asst. Federal Public Defender, D.N.M., Albuquerque, N.M., for defendant-appellant.

Presiliano Torrez, Asst. U.S. Atty., D.N.M., Albuquerque, N.M. (William L. Lutz, U.S. Atty. and Joe M. Romero, Jr., Asst. U.S. Atty., D.N.M., Albuquerque, N.M., on the brief), for plaintiff-appellee.

Before MOORE, EBEL, and BRIGHT, Circuit Judges.


EBEL, Circuit Judge.

This case presents the issue of whether Appellant Moses Clarence Jack's sentence was an illegal split sentence under 18 U.S.C. § 3651. We hold that it was not.

Jack was indicted for assault resulting in serious bodily injury in violation of 18 U.S.C. § 113(f). A jury convicted him of the lesser included offense of assault by striking, beating, or wounding in violation of 18 U.S.C. § 113(d). The penalty for violation of section...

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