Affronti v. United States, 350 U.S. 79 (1955). · Go Syfert
Affronti v. United States, 350 U.S. 79 (1955). Cases Citing This Book View Copy Cite
“rbitrary and irrational discrimination violates the equal protection clause under even our most deferential standard of review.”
719 citation events (78 in the last 25 years) across 90 distinct courts.
Strongest positive: James E. Knight v. United States (ca7, 1996-01-18)
Treatment trajectory · 1955 → 2026 · click a year to view as-of
1955 1990 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) James E. Knight v. United States
7th Cir. · 1996 · quote attribution · 1 verbatim quote · confidence high
power to suspend sentence
discussed Cited as authority (quoted) Roe v. Shanahan
E.D. Va. · 2019 · quote attribution · 1 verbatim quote · confidence low
rbitrary and irrational discrimination violates the equal protection clause under even our most deferential standard of review.
discussed Cited as authority (quoted) Lora Walker v. Hartford Life and Accident Ins
8th Cir. · 2016 · quote attribution · 1 verbatim quote · confidence low
state statute need not be ... perfectly calibrated in order to pass muster under the rational-basis test.
discussed Cited as authority (quoted) Brown v. North Carolina Division of Motor Vehicles
4th Cir. · 1999 · quote attribution · 1 verbatim quote · confidence low
most deferential standard of review.
discussed Cited as authority (quoted) Brown v. North Carolina Division Of Motor Vehicles
4th Cir. · 1999 · quote attribution · 1 verbatim quote · confidence low
rbitrary and irrational discrimination violates the equal protection clause under even most deferential standard of review.
discussed Cited as authority (rule) United States v. Fazzini, Paul
7th Cir. · 2005 · confidence medium
While Congress has given the federal courts authority to manage probation, see 18 U.S.C. §§ 3651 , 3653 (1982) (repealed), the Supreme Court has stressed that the courts must handle probation in such a way as to “avoid interfer- ence with the parole and clemency powers of the Executive Branch.” Affronti v. United States, 350 U.S. 79, 83 (1955).
discussed Cited as authority (rule) United States v. Matthew J. Myers (2×) also: Cited "see"
6th Cir. · 1993 · confidence medium
"This and other considerations led the Court to hold that a district judge had no power under the Act to place a convict on probation after he had begun the execution of his sentence." Affronti v. United States, 350 U.S. 79, 81 (1955).
discussed Cited as authority (rule) Hunt v. Chemical Waste Management
Ala. · 1991 · confidence medium
The statute must be `rationally related to a legitimate state interest' Bankers Life & Casualty Co. v. Crenshaw, 486 U.S. 71, 81 , 108 S.Ct. 1645 , 100 L.Ed.2d 62, 74 (1988) (quoting Cleburne v. Cleburne Living Center, 473 U.S. 432, 440 [ 105 S.Ct. 3249, 3254 , 87 L.Ed.2d 313 ] (1985)).
examined Cited as authority (rule) United States v. Paul James Taylor (4×)
11th Cir. · 1991 · confidence medium
Affronti v. United States, 350 U.S. 79, 83 , 76 S.Ct. 171, 174 , 100 L.Ed. 62, 66 (1955).
discussed Cited as authority (rule) Flockhart v. Wyant (2×)
S.D. · 1991 · confidence medium
Co. v. Crenshaw, 486 U.S. 71, 87 , 108 S.Ct. 1645, 1655 , 100 L.Ed.2d 62, 78 (1988) (O’Connor, J., concurring).
discussed Cited as authority (rule) Louis Harold Nichols, Individually and as of the Estate of Doris Maxine Nichols, Deceased v. Shelter Life Insurance Company (2×)
5th Cir. · 1991 · confidence medium
Although one member of the Supreme Court has made some disparaging remarks about Mississippi's punitive damages laws, see Banker's Life & Casualty Co. v. Crenshaw, 486 U.S. 71, 87 , 108 S.Ct. 1645, 1655 , 100 L.Ed.2d 62, 78 (1988), no court has ever found these laws unconstitutional on due process grounds, and we decline to do so without more direction from the United States Supreme Court or the Mississippi Supreme Court 4 The jury also awarded Mr. Nichols $50,247.84 under the insurance contract and $75,000 for emotional distress and mental anxiety damages 1 See Pacific Mutual Life Ins.
discussed Cited as authority (rule) Patricia Stephenson Eichenseer v. Reserve Life Insurance Company
5th Cir. · 1990 · confidence medium
Co. v. Crenshaw, 486 U.S. 71, 86-89 , 108 S.Ct. 1645, 1654-56 , 100 L.Ed.2d 62, 77-79 (1988) (O’Connor, J., concurring in part and concurring in the judgment) (Justice O’Connor, joined by Justice Scalia, stated that unlimited jury discretion in awarding punitive damages may violate the due process clause). 3 . ”[W]e ought not leave this lion in the busy street of our trial courts and inevitably multiply the appellate workload.” Brock v. Merrell Dow Pharmaceuticals, Inc., 884 F.2d 167, 170 (5th Cir.1989) (Higginbotham, J., dissenting from denial of rehearing en banc). 4 .
discussed Cited as authority (rule) Charter Hosp. of Mobile v. Weinberg
Ala. · 1990 · confidence medium
Co. v. Crenshaw, 486 U.S. 71, 86 , 108 S.Ct. 1645, 1654 , 100 L.Ed.2d 62, 77 (1988)—I doubt that our method of awarding punitive damages could withstand a procedural due process attack as being void for vagueness, if that vagueness doctrine is extended to civil litigation involving punitive damages.
discussed Cited as authority (rule) Olson v. Walker (2×)
Ariz. Ct. App. · 1989 · confidence medium
More recently, it refused the opportunity to address the constitutionality of punitive damages awards in civil actions because the argument was not properly raised in state court, although it acknowledged the issue as "a question of some moment and difficulty." Bankers Life & Casualty Co. v. Crenshaw, 486 U.S. 71, 79 , 108 S.Ct. 1645, 1651 , 100 L.Ed.2d 62, 73 (1988); see also Aetna Life Ins.
examined Cited as authority (rule) United States v. James Camarata (4×)
3rd Cir. · 1987 · confidence medium
The Court stated that it was “concerned with the power to grant suspension of [unexecuted] sentences.” 350 U.S. at 81 , 76 S.Ct. at 173 (emphasis supplied).
discussed Cited as authority (rule) United States v. Wayne Allen Anderson
6th Cir. · 1985 · confidence medium
It is clear that 'federal courts have no inherent ?? authority concerning probation, and their authority with ?? is only as conferred by statute.' United States v. Wright, 744 F.2d 1127, 1129 (5th Cir. 1984); Affronti v. United States, 350 U.S. 79, 83 (1955). 1 13 Anderson's claim for relief in this case rests on both factual and legal predicates.
examined Cited as authority (rule) United States v. Raymond Dick (3×) also: Cited "see"
7th Cir. · 1985 · signal: cf. · confidence medium
Cf. Affronti v. United States, 350 U.S. at 82 , 76 S.Ct. at 173 (Section 3651 had same meaning as it had had before codification despite small change in language). 6 .
discussed Cited as authority (rule) United States v. Johnson
usnmcmilrev · 1976 · confidence medium
In the words of the U. S. Supreme Court, as quoted by Judge Duncan from Affronti v. United States, 350 U.S. 79, 83 , 76 S.Ct. 171, 174 , 100 L.Ed. 62, 66 (1955), “Federal judicial power to permit probation springs solely from legislative action.” 2 Since only two provisions of the Uniform Code of Military Justice relate to probation, both with respect to suspension of court-martial sentences, I conclude that convening authorities, legally, have no power to place an individual in a probationary status except as they act in suspending a court-martial sentence — even if an individual agrees…
discussed Cited as authority (rule) Millard Robert Beasley v. United States (2×)
6th Cir. · 1974 · confidence medium
There the Supreme Court held that 'The effective assistance of counsel . . . is a constitutional requirement of due process which no member of the Union may disregard.' 350 U.S. at 90, 76 S.Ct. at 171.
discussed Cited as authority (rule) Pete v. State
Alaska · 1963 · confidence medium
Affronti v. United States, 350 U.S. 79, 80 , 76 S.Ct. 171 , 100 L.Ed. 62, 65 (1955); Ex parte United States, 242 U.S. 27 , 37 S.Ct. 72 , 61 L.Ed. 129 (1916); Rightnour v. Gladden, 219 Or. 342 , 347 P.2d 103, 106-107 (1959) in which other state decisions on the subject are cited; State v. Bigelow, 76 Ariz. 13 , 258 P.2d 409, 412 , 39 A.L.R.2d 979, 983-984 (1953). 7 .
examined Cited "see" United States v. Leekley (3×)
N.D. Fla. · 2019 · signal: see · confidence high
More specifically, "federal courts have no authority to grant probation unless authorized to do so by Congress." United States v. Cannon , 778 F.2d 747 , 749 (11th Cir. 1985) ; see Affronti v. United States , 350 U.S. 79 , 83, 76 S.Ct. 171 , 174, 100 L.Ed. 62 (1955) ("Federal judicial power to permit probation springs solely from legislative action.").
examined Cited "see" Taylor v. Commonwealth (3×)
Va. Ct. App. · 2011 · signal: see · confidence high
See Affronti v. United States, 350 U.S. 79, 80 , 76 S.Ct. 171, 172 , 100 L.Ed. 62 (1955) (noting Congress enacted the Probation Act in 1925 in response to Ex Parte United States). 7 .
discussed Cited "see" United States v. Garcia-Quintanilla (2×)
5th Cir. · 2009 · signal: see · confidence high
See Affronti, 350 U.S. 79 , 76 S.Ct. 171 ; Murray, 275 U.S. 347 , 48 S.Ct. 146 , 72 L.Ed. 309 .
cited Cited "see" Hornfeld v. City of North Miami Beach
S.D. Fla. · 1998 · signal: see · confidence high
See Bankers Life & Casualty Co. v. Crenshaw, 486 U.S. 71, 83 , 108 S.Ct. 1645, 1653 , 100 L.Ed.2d 62 (1988).
examined Cited "see" United States v. Alphonse Mele (3×)
2d Cir. · 1997 · signal: see · confidence high
See Affronti v. United States, 350 U.S. 79, 83 , 76 S.Ct. 171, 173-74 , 100 L.Ed. 62 (1955).
discussed Cited "see" Enrique Agulto SANTOS; And Ignacia A. Santos, Plaintiffs-Appellees, v. NANSAY MICRONESIA, INC., Defendant-Appellant
9th Cir. · 1996 · signal: see · confidence high
See, Bankers Life & Casualty Co. v. Crenshaw, 486 U.S. 71, 79 , 108 S.Ct. 1645, 1651 , 100 L.Ed.2d 62 (1988). “[N]o particular form of words or phrases is essential, but only that the claim of invalidity on the ground therefor be brought to the attention of the state court with fair precision and in due time.
cited Cited "see" Gladstone v. Grinnan, No. C-91-0316424 (Dec. 15, 1995)
Conn. Super. Ct. · 1995 · signal: see · confidence high
See Bankers Life Casualty Co. v. Crenshaw, 486 U.S. 71 , 85 , 108 S.Ct. 1645 , 100 L.Ed.2d 62 (1988).
examined Cited "see" United States v. Gregory Williams (3×)
6th Cir. · 1994 · signal: see · confidence high
See Affronti v. United States, 350 U.S. 79 , 76 S.Ct. 171 , 100 L.Ed. 62 (1955) (courts do not have authority to convert a subsequent custodial sentence into a probationary sentence once the defendant has begun to serve a custodial sentence).
discussed Cited "see" Schueler v. Roman Asphalt Corp.
S.D.N.Y. · 1993 · signal: see · confidence high
See Bankers Life & Casualty Co. v. Crenshaw, 486 U.S. 71, 82-85 , 108 S.Ct. 1645, 1652-54 , 100 L.Ed.2d 62 (1988); Rankin v. Independent School District, 876 F.2d 838 , 839-42 (10th Cir.1989), cert. denied 498 U.S. 1068 , 111 S.Ct. 786 , 112 L.Ed.2d 849 (1991).
cited Cited "see" Massey v. McGrath
8th Cir. · 1992 · signal: see · confidence high
See Bankers Life & Casualty Co. v. Crenshaw, 486 U.S. 71 , 108 S.Ct. 1645 , 100 L.Ed.2d 62 (1988).
cited Cited "see" MASSEY v. McGRATH
8th Cir. · 1992 · signal: see · confidence high
See Bankers Life & Casualty Co. v. Crenshaw, 486 U.S. 71 , 108 S.Ct. 1645 , 100 L.Ed.2d 62 (1988).
examined Cited "see" United States v. Cowan (3×)
usarmymilrev · 1991 · signal: see · confidence high
See Affronti v. United States, 350 U.S. 79, 83 , 76 S.Ct. 171, 173 , 100 L.Ed. 62 (1955); United States v. Lallande, 46 C.M.R. 170 , 175-179 (Duncan, J., dissenting). b.
discussed Cited "see" Don M. Davis, as of the Estate of Ethlyn M. Davis, Appellee/cross-Appellant v. Merrill Lynch, Pierce, Fenner & Smith, Inc., Appellant/cross-Appellee
8th Cir. · 1990 · signal: see · confidence high
See Bankers Life & Casualty Co. v. Crenshaw, 483 So.2d 254, 279 (Miss.1985) (Mississippi Supreme Court upholds a $1,600,-000 punitive damages award and $20,000 in compensatory damages, reasoning that although the punitive damages seemed high, “it is difficult to imagine that ... the judicial conscience could be shocked by a punitive damages assessment which is less than 1% of the financial net worth of the defendants”), aff 'd on other grounds, 486 U.S. 71 , 108 S.Ct. 1645 , 100 L.Ed.2d 62 (1988).
discussed Cited "see" Markowski v. Edgar
N.D. Ill. · 1989 · signal: see · confidence high
See Bankers Life & Casualty v. Crenshaw, 486 U.S. 71 , 108 S.Ct. 1645 , 100 L.Ed.2d 62 (1988) (upholding fifteen percent penalty on unsuccessful appeals from money judgments); Ortwein v. Schwab, 410 U.S. 656 , 93 S.Ct. 1172 , 35 L.Ed.2d 572 (1973) (upholding twenty-five dollar appellate filing fee as applied to indigents seeking review of adverse welfare decisions); Bowman v. Niagara Machine and Tool Works Inc., 832 F.2d 1052 (7th Cir.1987) (upholding statute of limitations against equal protection challenge).
discussed Cited "see" In Re Air Crash Disaster at Stapleton International Airport
D. Colo. · 1989 · signal: see · confidence high
See Bankers Life & Cas. v. Crenshaw, 486 U.S. 71 , 108 S.Ct. 1645, 1656 , 100 L.Ed.2d 62 (O’Connor, J., concurring), 108 S.Ct. at 1650 (Marshall, J., concurring); Kelco Disposal v. Browning Ferris Indus., 845 F.2d 404 , 410 (2d Cir.1988), ce rt. granted, — U.S. -, 109 S.Ct. 527 , 102 L.Ed.2d 559 (1988) (punitive damage award not an excessive fine under the Eighth Amendment); Mercer v. Long Mfg, N.C., Inc., 665 F.2d 61, 73-74 (5th Cir.1982) (DTPA treble damages neither excessive fine under Texas Constitution nor violative of Fourteenth Amendment).
cited Cited "see" Derance, Inc., a Wisconsin Not for Profit Corporation v. Painewebber Incorporated, a Delaware Corporation, and Paul Sarnoff
7th Cir. · 1989 · signal: see · confidence high
See Bankers Life & Casualty Co. v. Crenshaw, 486 U.S. 71 , 108 S.Ct. 1645 , 100 L.Ed.2d 62 (1988). 10 .
discussed Cited "see" Pontarelli Limousine, Inc. v. City of Chicago
N.D. Ill. · 1989 · signal: see · confidence high
See Bankers Life & Casualty Co. v. Crenshaw, — U.S. -, 108 S.Ct. 1645, 1653 , 100 L.Ed.2d 62 (“[Arbitrary and irrational discrimination violates the Equal Protection Clause under even our most deferential standard of review.”).
cited Cited "see" Dunn v. State Farm Fire & Casualty Co.
N.D. Miss. · 1988 · signal: see · confidence high
See Bankers Life and Casualty Co. v. Lloyd Crenshaw, 483 So.2d 254 (Miss.1986), aff'd, 486 U.S. -, 108 S.Ct. 1645 , 100 L.Ed.2d 62 (1988).
cited Cited "see" In Re AH Robins Co., Inc.
E.D. Va. · 1988 · signal: see · confidence high
See Bankers Life and Casualty Co. v. Crenshaw, — U.S. -, 108 S.Ct. 1645 , 100 L.Ed.2d 62 (1988).
discussed Cited "see" DiSalle v. P.G. Publishing Co. (2×)
Pa. Super. Ct. · 1988 · signal: see · confidence high
See Justice O'Connor's recent Concurring Opinion on this issue, in Bankers Life and Casualty Company v. Crenshaw, ___ U.S. ___, 108 S.Ct. 1645 , 100 L.Ed.2d 62 (1988).
examined Cited "see" United States v. Joseph E. Krohn (3×)
5th Cir. · 1983 · signal: accord · confidence high
Addonizio, 99 S.Ct. at 2242-43 ; accord, Affronti v. United States, 350 U.S. 79 , 76 S.Ct. 171, 173-74 , 100 L.Ed. 62 (1955).
examined Cited "see" State v. Sullivan (3×)
Iowa · 1982 · signal: see · confidence high
Glouser v. United States, 340 F.2d 436, 437-38 (8th Cir. 1965), cert. denied 381 U.S. 940 , 85 S.Ct. 1776 , 14 L.Ed.2d 704 (1965); see generally *364 Affronti v. United States, 350 U.S. 79 , 76 S.Ct. 171 , 100 L.Ed. 62 (1955); United States v. Murray, 275 U.S. 347 , 48 S.Ct. 146 , 72 L.Ed. 309 (1928); Phillips v. United States, 212 F.2d 327 (8th Cir.1954).
examined Cited "see" United States v. Quinones (3×)
D.N.J. · 1980 · signal: see · confidence high
See the discussion of the subject in U. S. v. Murray, 275 U.S. 347 , 48 S.Ct. 146 , 72 L.Ed. 309 (1928) and in Affronti v. U. S., 350 U.S. 79 , 76 S.Ct. 171 , 100 L.Ed. 62 (1955).
examined Cited "see" United States v. Whelan (3×)
D.N.J. · 1978 · signal: see · confidence high
See, for example, U. S. v. Murray, 275 U.S. 347 , 48 S.Ct. 146 , 72 L.Ed. 309 (1928) and U. S. v. Affronti, 350 U.S. 79 , 76 S.Ct. 171 , 100 L.Ed.2d 62 (1955).
examined Cited "see" United States v. George Gordon Liddy (6×)
D.C. Cir. · 1975 · signal: see · confidence high
See and compare, Phillips v. United States, 8 Cir., 212 F.2d 327, 335 , and Affronti v. United States, 350 U.S. 79, 83 , 76 S.Ct. 171 , 100 L.Ed. 62 .
examined Cited "see" Frederick Marion Fox v. United States (3×)
10th Cir. · 1965 · signal: see · confidence high
See Affronti v. United States, 350 U.S. 79 , 76 S.Ct. 171 , 100 L.Ed. 62 ; Roberts v. United States, 320 U.S. 264 , 64 S.Ct. 113 , 88 L.Ed. 41 ; Burns v. United States, 287 U.S. 216 , 53 S.Ct. 154 , 77 L.Ed. 266 ; and United States v. Murray, 275 U.S. 347 , 48 S.Ct. 146 , 72 L.Ed. 309 . 4 .
examined Cited "see" In re Engle (3×)
S.D. Ohio · 1963 · signal: see · confidence high
See, Affronti v. United States, 350 U.S. 79 , 76 S.Ct. 171 , 100 L.Ed. 62 (1955), in which a sentence similar to the one here involved was at least inferentially approved.
examined Cited "see" Robert Edward Lipscomb v. United States (3×)
8th Cir. · 1960 · signal: see · confidence high
See and compare, Phillips v. United States, 8 Cir., 212 F.2d 327, 335 , and Affronti v. United States, 350 U.S. 79, 83 , 76 S.Ct. 171 , 100 L.Ed. 62 .” [ 268 F.2d 823 .] It has been judicially determined that he pleaded guilty intelligently to each of the counts of the Information.
examined Cited "see" Earl Egan v. United States (3×)
8th Cir. · 1959 · signal: see · confidence high
See and compare, Phillips v. United States, 8 Cir., 212 F.2d 327, 335 , and Affronti v. United States, 350 U.S. 79, 83 , 76 S.Ct. 171 , 100 L.Ed. 62 .
discussed Cited "see, e.g." Racine Charter One, Inc. D/B/A 21st Century Preparatory School, Christine Hauck, and Sherry James v. Racine Unified School District (2×)
7th Cir. · 2005 · signal: see also · confidence low
Irizarry v. Board of Educ. of City of Chicago, 251 F.3d 604, 610 (7th Cir.2001); see also Bankers Life & Casualty Co. v. Crenshaw, 486 U.S. 71, 83-84 , 108 S.Ct. 1645 , 100 L.Ed.2d 62 .
Retrieving the full opinion text from the archive…
Affronti
v.
United States
71.
Supreme Court of the United States.
Dec 5, 1955.
350 U.S. 79
Harry F. Murphy argued the cause and filed a brief for petitioner., John V. Lindsay argued the cause for the United States. On the brief were Solicitor General Sobeloff, Assistant Attorney General Olney, Charles F. Barber, Beatrice Rosenberg and Isabelle R. Cappello.
Reed.
Cited by 1,307 opinions  |  Published
4 passages pin-cited by 4 cases
Pinpoint authority: #29,962 of 633,719
Citer courts: Fourth Circuit (2) · Eighth Circuit (1) · E.D. Virginia (1)
Mr. Justice Reed

delivered the opinion of the Court.

Affronti was tried in the United States District Court for the Western District of Missouri on a ten-count indictment charging him with illegal sales of narcotics. A jury-found him guilty on counts two through ten, and a five-year sentence was imposed on each count to be served consecutively. At the time of sentencing, execution of the sentences on counts six through ten was suspended and probation granted, the probation to commence at the[*80] expiration of the sentences on counts two through five. While serving his sentence on count two, petitioner filed a motion in the District Court seeking suspension of sentence and probation on counts three, four and five. The motion was denied upon the controlling authority of Phillips v. United States, 212 F. 2d 327 (C. A. 8th Cir. 1954), which held that the district courts have no power to suspend sentence after a prisoner has begun to serve a cumulative sentence composed of two or more consecutive sentences. The Court of Appeals affirmed, [1] and we granted certiorari [2] because of the existence of a conflict between the decision below and the decision of the Ninth Circuit in Kirk v. United States, 185 F. 2d 185. [3]

Prior to 1925 the district courts had no power at all to suspend sentences and release a convict on probation. Ex parte United States, 242 U. S. 27. This situation was remedied by Congress when it passed the Probation Act in 1925. [4] That Act gave power to the federal courts, “after conviction or after a plea of guilty or nolo contendere,” to suspend sentence and place the defendant on probation. [5] The purpose of the Act, as revealed by its legislative history, was discussed by this Court in United States v. Murray, 275 U. S. 347. That case also presented a question concerning the time within which a district court can suspend a sentence and grant probation.

[*81] In Murray this Court observed that, in view of the existence of provisions for parole and executive clemency, it would seem unlikely that Congress would have intended to make the probation provisions applicable during the same period of time. Id,., at 356. It was concluded that it would be more reasonable to construe the Probation Act so as to reconcile the three methods of mitigation of criminal sentences, thereby “making them as little of a repetition as we can.” Id., at 357. This and other considerations led the Court to hold that a district judge had no power under the Act to place a convict on probation after he had begun the execution of his sentence.

The decision in the Murray case does not, however, completely dispose of the question now before the Court. Since the Murray decision there has been a language change in the statutory provisions for probation. In Murray the Court was considering the question of power of the district courts to place a convict on probation after he had commenced to serve a single general sentence. [6] Here we are concerned with the power to grant suspension of sentences which are, technically, wholly unexecuted because they constitute the unserved terms of a series of consecutive sentences.

In 1948, in connection with the revision and codification of Title 18 of the United States Code, the language of the[*82] Probation Act with which we are concerned was changed. The statute now provides for suspension of sentence and probation “Upon entering a judgment of conviction.” [7] The substitution of the quoted words for “after conviction or after a plea of guilty or nolo contendere,” the phrase which appeared in the Probation Act prior to the 1948 codification of Title 18, does not appear to have resulted in any substantive change in the law. The Reviser’s Notes which accompanied the 1948 codification merely stated the following with respect to this amendment: “Words ‘after conviction or after a plea of guilty or nolo contendere for any crime or offense not punishable by death or life imprisonment’ were omitted from first sentence as unnecessary.” [8] The Reviser’s Notes were used by Congress as a full explanation of all changes made in the text of the existing law. [9] It is unlikely, therefore, that Congress intended the phrase as it appears in the present section to have a different meaning than the phrase had prior to the revision. [10]

The more significant difference between the Murray case and the present one is the fact that here we are dealing with a cumulative sentence composed of a number of distinct sentences which are to run consecutively. [11] Petitioner notes that while he has begun the execution of the first of the series of sentences, he has not commenced the execution of the sentences which he is now seeking to have suspended. He reasons from this fact that the District Court still has probationary power over the latter sentences. Of course the words of the statute do not themselves require adoption of petitioner’s argument. In fact the language of the present probation provision, and[*83] of the original provision as interpreted by Murray, suggests a contrary result.

In the final analysis, this case must be governed by the meaning of the statute. Are we to read the statute to mean that the courts should be able to suspend the uncommenced terms of a cumulative sentence after the prisoner has been imprisoned and entered upon the execution of a prior term? We think not. The Murray opinion points out that it is unlikely that Congress would have found it wise to make probation apply in such a way as to unnecessarily overlap the parole and executive-clemency provisions of the law. Federal judicial power to permit probation springs solely from legislative action. Ex parte United States, supra. The authority to put a convict on probation for an uncommenced term, after service of an earlier term has begun, has not been clearly given. Therefore, in construing the provisions for probation, we adhere to the Murray interpretation to avoid interference with the parole and clemency powers vested in the Executive Branch. [12] We conclude that 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. [13]

[*84] We note the argument that since Congress has authorized the sentencing court to limit probation to less than all of the terms of a cumulative sentence, [14] it should follow that the probation powers for each term exist until that term is begun. But the power to limit a grant of probation to less than an entire cumulative sentence does not compel a conclusion that the power to grant probation as to each of the separate sentences exists until the convict begins to serve each. We think, moreover, this argument is met by our conclusion that the provisions for probation should be interpreted to avoid, so far as possible, duplicating other existing provisions for the mitigation of criminal sentences. See note 12, supra.

Congress has done nothing since this Court's decision in United States v. Murray, supra, to indicate that probation power should be applied after the beginning of any term of a sentence.

Affirmed.

3

The Fourth Circuit appears to be in accord with the Eighth Circuit on this question. Mann v. United States, 218 F. 2d 936. The Tenth Circuit, obiter dictum, in White v. Steigleder, 37 F. 2d 858, 859, is in accord with the Ninth Circuit. See also Kelley v. United States, 209 F. 2d 638.

4

43 Stat. 1259.

5

The power extended to sentences for convictions of any offense not punishable by death or life imprisonment, and the exercise of the power was discretionary and conditioned upon the ends of justice and the best interests of the public and the defendant.

6

The Murray decision embraced two cases consolidated for argument. In one of the cases the District Court had suspended a three-month prison sentence and placed the convict (Murray) on probation one day after he had commenced serving the sentence. In the other case the prisoner (Cook) had been sentenced to “a total of fourteen years and nine months” imprisonment, and the District Court suspended the remainder of his sentence and placed him on probation after he had served approximately two years of the sentence.

Whether Cook’s sentence was in fact a cumulative sentence .of a number of consecutive sentences (see Phillips v. United States, 212 F. 2d 327, 332) is unimportant at this time. His sentence was treated as if it had been a single general sentence.

7

62 Stat. 842, 18 U. S. C. § 3651.

8

H. R. Rep. No. 304, 80th Cong., 1st Sess., App. A173.

9

Id., at 9.

10

See Kirk v. United States, 185 F. 2d 185, 188.

11

See note 6, supra.

12

That a contrary construction would result in an unnecessary overlap between probation and parole provisions is made clear by a reference to 18 U. S. C. § 4202. That section provides that a federal prisoner may be paroled after he has served one-third of the “term or terms” for which he is confined. Thus, if serving a cumulative sentence composed of two or more consecutive sentences, a prisoner is eligible for parole when he has served one-third of the total sentence. See also 18 U. S. C. § 4161, which provides that “When two or more consecutive sentences are to be served, the aggregate of the several sentences shall be the basis” for computing time off for good behavior.

13

This conclusion as to the meaning of the statute is further supported by a recognition of some of the practicalities of sentencing. At the time of entering a judgment of conviction, the district judge[*84] is in the best position to fix the terms of a convict's sentence. Thereafter, however, the judge becomes progressively less familiar with the considerations material to the adjustment of the punishment to fit the criminal. At the same time, the officials of the Executive Branch responsible for these matters become progressively better qualified to make the proper adjustments. Cf. United States v. Soeder, 120 F. Supp. 594, 597; United States v. Bernett, 123 F. Supp. 841, 846. These considerations apply as much to a series of consecutive sentences as to a simple general sentence.

But see Note, Application of Federal Probation to Convicts Serving Consecutive Sentences, 64 Yale L. J. 260, 265-268 (1954).

14

18 U. S. C. § 3651. The provision for probation “limited to one or more counts or indictments” was added by the 1948 codification of Title 18. The Reviser’s Notes indicate that this provision was added because it “reflects exactly the practice followed by the Federal courts.” H. R. Rep. No. 304, 80th Cong., 1st Sess., App. A173. Thus, this addition did not result in a substantive change in the Probation Act and does not of itself reveal any extension thereof.