Berman v. United States, 302 U.S. 211 (1937)

U.S. Supreme Court, (November 09, 1937)

Docket number: 26

/us/302/211/case.html
Permanent Link: http://supreme.vlex.com/vid/berman-v-united-states-20018592
Id. vLex: VLEX-20018592

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U.S. Court of Appeals for the 6th Cir. - Unpublished Disposition Notice: Sixth Circuit Rule 24(C) States that Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Sixth Circuit. United States of America, Plaintiff-Appellee, v. Jerry L. Bass, Defendant-Appellant., 762 F.2d 1012 (6th Cir. 1985)

U.S. Court of Appeals for the 6th Cir. - Unpublished Disposition Notice: Sixth Circuit Rule 24(C) States that Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Sixth Circuit. United States of America, Plaintiff-Appellee, v. Jimmie L. Whittler, Defendant-Appellant., 899 F.2d 1222 (6th Cir. 1990)

U.S. Court of Appeals for the 6th Cir. - Unpublished Disposition Notice: Sixth Circuit Rule 24(C) States that Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Sixth Circuit. United States of America, Plaintiff-Appellee, v. Ricky Vernon Brooks, Defendant-Appellant., 798 F.2d 471 (6th Cir. 1986)

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U.S. Court of Appeals for the 6th Cir. - Unpublished Disposition Notice: Sixth Circuit Rule 24(C) States that Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Sixth Circuit. United States of America, Plaintiff-Appellee, v. Carl D. Bush, Defendant-Appellant., 798 F.2d 1416 (6th Cir. 1986)

U.S. Court of Appeals for the 6th Cir. - Unpublished Disposition Notice: Sixth Circuit Rule 24(C) States that Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Sixth Circuit. United States of America, Plaintiff-Appellee, v. Dale Wayne Holcomb, Defendant-Appellant., 884 F.2d 581 (6th Cir. 1989)

U.S. Court of Appeals for the 6th Cir. - Unpublished Disposition Notice: Sixth Circuit Rule 24(C) States that Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Sixth Circuit. United States of America, Plaintiff-Appellee, v. Sabah Senawi, Defendant-Appellant., 805 F.2d 1037 (6th Cir. 1986)

U.S. Court of Appeals for the 6th Cir. - Notice: Sixth Circuit Rule 24(C) States that Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Sixth Circuit. United States of America, Plaintiff-Appellee, v. Johnnie M. Mazyck, Defendant-Appellant., 810 F.2d 203 (6th Cir. 1986)

U.S. Supreme Court - In re Whittington, 391 U.S. 341 <I>(per curiam)</I> (1968)

Text:

U.S. Supreme Court BERMAN v. UNITED STATES, 302 U.S. 211 (1937)

[Page 302 U.S. 211, 214]

As the first sentence was a final judgment and appeal therefrom was properly taken, the District Court was without jurisdiction during the pendency of that appeal to modify its judgment by resentencing the prisoner. Draper v. Davis, , 371; Keyser v. Farr, 105 U.S. 265, 266; Spirou v. United States (C.C.A.) 24 F.2d 796, 797; United States v. Radice (C.C.A.) 40 F.2d 445, 446; United States v. Habib (C.C.A.) 72 F.2d 271.

The judgment of the Circuit Court of Appeals is reversed so far as it dismissed the first appeal and affirmed the later judgment imposing the fine, and the cause is remanded to that court for further proceedings in conformity with this opinion. It is so ordered.

Reversed.

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