U.S. Court of Appeals for the Fifth Circuit, 1957

Garcia v. United States

Garcia v. United States
U.S. Court of Appeals for the Fifth Circuit · Decided April 9, 1957
243 F.2d 98 (Federal Reporter, Second Series)

Counsel

Vicente Garcia, in pro. per., Brian S. Odem, Asst. U. S. Atty., Brownsville, Tex., Malcolm R. Wilkey, U. S. Atty., Houston, Tex., for appellee,

Garcia v. United States

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

PER CURIAM.

m • • . , - , Claiming that a sentence of two years to run consecutively with a sentence defendant was serving was, because of the provisions of Section 3568, Title 18 U.S. D., beyond the power of the court to impose, appellant filed a motion, pursuant to Section 2255, Title 28 U.S.C., to vacate an<^ se^ it aside.

m7 ,. , . , . . The district judge, m an unreported . . . . , . opinion giving the correct reasons for his ,. , .®. . , _ , actl0n and Cltmg m suPPort Dockery v. Hiatt, 5 Cir., 197 F.2d 333 and Hiatt v. Ellis, 5 Cir 192 F.2d 119 denied his mo-tion, and this appeal followed,

For the reasons given and upon the authorities cited by the district judge, the judgment appealed from is Affirmed.

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