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AFFRONTI V. UNITED STATES, 350 U. S. 79 (1955)

U.S. Supreme Court

Affronti v. United States, 350 U.S. 79 (1955)

Affronti v. United States

No. 71

Argued November 15, 1955

Decided December 5, 1955

350 U.S. 79


Under 18 U.S.C. § 3651, after a sentence of consecutive terms on multiple counts of an indictment has been imposed and service of sentence for the first such term has commenced, a federal district court may not suspend sentence and grant probation as to the remaining term or terms. United States v. Murray, 275 U. S. 347. Pp. 350 U. S. 79-84.

(a) The legislative history of this section does not require a different result. Pp. 350 U. S. 81-82, 350 U. S. 84.

(b) The probationary power ceases with respect to all of the sentences composing a single cumulative sentence immediately upon imprisonment for any part of the cumulative sentence. Pp. 350 U. S. 82-83.

(c) The provisions for probation should be interpreted to avoid, so far as possible, duplicating other existing provisions for the mitigating of criminal sentences. P. 350 U. S. 84.

221 F.2d 150 affirmed.

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