Gus La Vern Hiller v. United States
Cases that cite this one
4 later published cases cite this decision.
- Alexander Jimmie Hill v. United States (9th Cir. 1962)
- Robert Lee McKee v. United States (7th Cir. 1961)
- Richard Willard Kay v. United States (6th Cir. 1960)
- Knight v. United States (District Court, W.D. Kentucky 1960)
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
Hiller has been sentenced on one count of an indictment to five years in prison and to four years in prison on the second count, which term is to be served on the expiration of the first. On November 1, 1954, the United States District Court for the Western District of Washington, which imposed sentence, denied a motion to vacate sentence or correct erroneous sentence made by Hiller. The court denied permission to appeal forma pau-peris.
He now seeks from this court permission to appeal forma pauperis. His theory is that 18 U.S.C. § 3568 prevents a federal court from imposing consecutive sentences. The exact same contention was made under the predecessor statute to § 3568 and disposed of contrary to Hiller’s view. United States v. Solomon, 2 Cir., 70 F.2d 834; accord, Parmagini v. United States, 9 Cir., 42 F.2d 721. A petition for leave to prosecute an appeal in forma pauperis is granted only when there is some merit in the appeal. Fisher v. Cushman, 9 Cir., 99 F.2d 918.
The application to appeal forma pau-peris is denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.