UNITED STATES SUPREME COURT DECISIONS ON-LINE

UNITED STATES V. BENZ, 282 U. S. 304 (1931)

Subscribe to Cases that cite 282 U. S. 304 RSS feed for this section

U.S. Supreme Court

United States v. Benz, 282 U.S. 304 (1931)

United States v. Benz

No. 112

Argued December 8, 1930

Decided January 5, 1931

282 U.S. 304

Syllabus

1. A federal district court which has imposed a sentence of imprisonment upon a defendant in a criminal case has power, during the same term of court, to amend the sentence by shortening the term of imprisonment, although the defendant already has been committed and has entered upon service of the sentence. United States v. Murra, 275 U. S. 347, distinguished. P. 282 U. S. 306.

2. Thus, to reduce a sentence by amendment is as much a judicial act as was the imposition of the sentence in the first instance; it is not a usurpation of the pardoning power of the executive. P. 282 U. S. 311.

Response to a question certified by the circuit court of appeals, on an appeal by the government from an order of the district court reducing a sentence of imprisonment. chanrobles.com-red

Page 282 U. S. 305


chanrobles.com



ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman