U.S. Court of Appeals for the Sixth Circuit, 1958

Raymond Roy Chalupiak v. United States

U.S. Court of Appeals for the Sixth Circuit · Decided May 31, 1958 · Simons, Martin, McAllister

256 F.2d 144; 1958 U.S. App. LEXIS 4315 (Federal Reporter, Second Series)

Counsel

No attorney for appellant., Fred Elledge, Jr., Andrew M. Gant, Jr., Nashville, Tenn., for appellee.

Cases that cite this one

1 later published case cites this decision.

Taylor v. Peyton (District Court, W.D. Virginia 1968)

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

PER CURIAM.

Appellant filed his motion to vacate sentence pursuant to Title 28 U.S. C.A., § 2255, on the ground that he had been placed in double jeopardy by reason of a retrial after the sentence on the original trial had been set aside, and, also, because the sentence on the second trial was excessive. The claim of double jeopardy is without merit. Robinson v. United States, 6 Cir., 144 F.2d 392, 397. The three-year sentence was within the statutory maximum of five years and was, therefore, not excessive.

The judgment of the district court, denying the motion to vacate, is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.