Brown v. United States
United States Court of Appeals for the Eighth Circuit
160 F.2d 310 (1947)
- Written by Alex Hall, JD
Facts
Brown (defendant) was convicted for three crimes and received three sentences, which were to run consecutively. The first sentence was for one year from the date the sentence was imposed, and the second and third were each for two years. While being transported to prison to serve his first sentence, Brown attempted to escape. He was caught and convicted under the Federal Escape Act (the act) to an additional five-year sentence to begin “at the expiration of any sentence he is now serving or to be served which was imposed prior to this date.” The act provided that any sentence imposed under its authority was to begin “upon the expiration of, or upon legal release from, any sentence under which such person is held at the time of” the attempted escape. The trial court ruled that Brown was serving three sentences at the time of his attempted escape and therefore determined that the five-year sentence would begin after Brown had completed the three sentences combined. Brown moved to correct the trial court’s order on grounds that the sentence was required to commence at the termination of his one-year sentence because it was the only sentence he was serving at the time of his escape.
Rule of Law
Issue
Holding and Reasoning (Gardner, C.J.)
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