U.S. Court of Appeals for the Fifth Circuit, 1945

Yarbrough v. United States

U.S. Court of Appeals for the Fifth Circuit · Decided October 30, 1945 · Kennamer, McCord, Sibley

151 F.2d 649; 1945 U.S. App. LEXIS 3010 (Federal Reporter, Second Series)

Counsel

Roderick Beddow, of Birmingham, Ala., for appellant., Jim C. Smith, U. S. Atty., of Birmingham, Ala., for appellee.

Cases that cite this one

1 later published case cites this decision.

Smith v. Pelham (Ala. 1949)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Counsel for the appellant and for appellee join in the statement in open court that the judge of the district court desires to modify and change the sentence pronounced, which has not yet been carried into effect, and to place the appellant on probation; and they join in a request that the case be remanded with permission that the judge reconsider and alter his sentence. No error appearing in the trial the conviction is affirmed, but the cause is ordered remanded to the district court with leave to the judge to reconsider and modify the sentence, and to place the defendant on probation. Scott v. United States, 5 Cir., 165 F. 172. Cf. United States v. Felder, D.C., 13 F.2d 526; 18 U.S.C.A. § 724.

Affirmed and remanded for resentence.

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