No. 18-9124

Garland D. Miller v. United States

Lower Court: Fifth Circuit
Docketed: 2019-05-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: coram-nobis criminal-procedure federal-courts federal-criminal-procedure illegal-sentence judicial-jurisdiction restitution rule-35 sentencing sentencing-correction statutory-interpretation title-18
Key Terms:
Punishment
Latest Conference: 2019-05-30
Question Presented (AI Summary)

Does jurisdiction exist to correct an illegal sentence at any time?

Question Presented (OCR Extract)

QUESTION PRESENTED . DOES JURISDICTION EXIST TO CORRECT AN ILLEGAL SENTENCE AT ANY TIME. Petitioner was sentenced to 3™ party restitution in violation of existing statutes Quoting United States v. Morgan 346 U.S.502 (1954) . In behalf of the unfortunates, federal courts should act in doing justice if the record makes plain a right to relief. We think a belated effort to set aside the conviction and sentence in the federal criminal case is shown. We therefore treat the record as adequately presenting a motion in the nature of a writ of error coram nobis enabling the trial court to properly : exercise its jurisdiction. Adams v. U.S. ex rel. McCann, 317 U.S. 269, 272, 63 S.Ct. 236, 238, 87 L.Ed. 268.4 Sotreating ee the motion, | €P9°5*"""S™*506 Rule 35, Fed.Rules | {?9*set"S4 +1950 C. allowing the correction of ‘an illegal sentence at any time’ is inapplicable. Sentences subject to correction under that rule are those that the judqment rim Proc., 18 U.S.C.A of conviction did not authorize. While Rule 35 has changed Justice Stanley F. Reed set a precedent and Title 18 hss not changed. Title 18 §3742 states: A defendant may file a notice of appeal in the district court for the review of an otherwise final sentence if the sentence (1) was imposed in violation of the law.

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-09
Waiver of right of respondent United States to respond filed.
2019-04-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2019)

Attorneys

Garland D. Miller
Garland D. Miller — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent