PHILLIP DANIELS, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
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The court held that a motion under 28 U.S.C.A. § 2255 is not the proper vehicle to seek a reduction of a lawfully imposed sentence.
Phillip Daniels pleaded guilty to first-degree murder and was sentenced to life imprisonment. He later filed a motion under 28 U.S.C.A. § 2255 seeking…
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. Formerly called the District Court for the District of Alaska. See the Act of June 6, 1900, c. 786, 31 Stat. 321, and 48 U.S.C.A. § 101. But see also 28 U.S.C.A. §§ 373, 460, 610, 753(a), 1291, 1292(1), 1294(2), 1346(b), 2072 and 2410 (a); 29 U.S.C.A. § 217; and 48 U.S.C.A. § 103a.
. The District Court was established by the Act of June 6, 1900, c. 786, 31 Stat. 321.
. Obviously, a 10-year sentence, imposed on or as of December 3, 1952, would still have several years to run.
. In Alaska, the only penalties for first degree murder are those prescribed in §§ 65-4-1 and 65-4-2 of Alaska Compiled Laws Annotated, 1949. Section 65-4-1 provides: “That whoever, being of sound memory and discretion, purposely, and either of deliberate and premeditated malice or by means of poison, or in perpetrating or in attempting to perpetrate, any rape, arson, robbery, or burglary, kills another, is guilty of murder in the first degree, and shall suffer death.” Section 65-4-2 provides: “That in all cases where the accused is found guilty of the crime of murder under this and the next preceding section, the jury may qualify their verdict by adding thereto ‘without capital punishment;’ and whenever the jury shall return a verdict qualified as aforesaid the person convicted shall be sentenced to imprisonment at hard labor for life.” Appellant, having pleaded guilty, did not have a jury trial. Consequently, there was no verdict in his case—qualified or otherwise. Nevertheless, as indicated above, the District Court, instead of sentencing appellant to death, sentenced him to life imprisonment. Whether the District Court erred in not sentencing appellant to death we need not and do not now decide.
. Garcia v. United States, 9 Cir., 197 F. 2d 687. See also Birtch v. United States, 4 Cir., 173 F. 2d 316; United States v. Fleenor, 7 Cir., 177 F. 2d 482; Morales v. United States, 1 Cir., 187 F. 2d 518; Godwin v. United States, 8 Cir., 191 F. 2d 932; Klein v. United States, 7 Cir., 204 F. 2d 513; Meredith v. United States, 4 Cir., 208 F. 2d 680; Hornbrook v. United States, 5 Cir., 216 F. 2d 112; United States v. Lawrence, 7 Cir., 216 F. 2d 570; Marshall v. United States, 6 Cir., 217 F. 2d 467; Adams v. United States, 95 U.S.App.D.C. 354, 222 F. 2d 45; Schumpert v. United States, 6 Cir., 226 F. 2d 578; Barber v. United States, 10 Cir., 227 F. 2d 431; Simmons v. United States, 10 Cir., 230 F. 2d 73; Johnson v. United States, 4 Cir., 234 F. 2d 813.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Daniels v. United States, 258 F.2d 356 (9th Cir. 1958)
Authorities Cited (15 total)
- Adams v. United States, 222 F.2d 45 (D.C. Cir. 1955)
- Birtch v. United States (two cases), 173 F.2d 316 (4th Cir. 1949)
- Klein v. United States, 204 F.2d 513 (7th Cir. 1953)
- Hornbrook v. United States, 216 F.2d 112 (5th Cir. 1954)
- United States v. Fleenor, 177 F.2d 482 (7th Cir. 1949)
- Morales v. United States, 187 F.2d 518 (1st Cir. 1951)
- Dykes Askew Simmons, Jr. v. United States, 230 F.2d 73 (10th Cir. 1956)
- Garcia v. United States, 197 F.2d 687 (9th Cir. 1952)
- Meredith v. United States, 208 F.2d 680 (4th Cir. 1953)
- Barber v. United States, 227 F.2d 431 (10th Cir. 1955)