Kenneth Alexander Hutchison v. United States, 450 F.2d 930 (10th Cir. 1971). · Go Syfert
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Kenneth Alexander Hutchison v. United States, 450 F.2d 930 (10th Cir. 1971). Cases Citing This Book View Copy Cite
51 citation events (4 in the last 25 years) across 24 distinct courts.
Strongest positive: State v. Kerns (kanctapp, 2024-11-15)
Treatment trajectory · 1972 → 2026 · click a year to view as-of
1972 1999 2026
Statutes interpreted (leading-cases list)
#7 18 U.S.C. § 4165 cited 1× in this case · 57 total citations of statute
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Kerns
Kan. Ct. App. · 2024 · confidence medium
Ed. 2d 284 [2010], to deportation cases and holding that a lawyer does not have a duty to explain the consequences of hypothetical future 13 convictions); Hutchison v. United States, 450 F.2d 930, 931 (10th Cir. 1971) (holding that the defense attorney's failure to advise on an administrative punishment, in addition to the criminal punishment, did not constitute ineffective assistance because it was not a "definite practical consequence of the plea").
discussed Cited as authority (rule) Magyar v. State (2×)
Miss. · 2009 · confidence medium
This was so, the panel reasoned, because “while the loss w[ould] increase the period of his actual confinement, it [was] not ‘a definite, practical consequence of the plea’ but [was] discretionary with the prison authorities,” and therefore was a collateral consequence. 475 F.2d at 1366 (quoting Hutchison v. United States, 450 F.2d 930, 931 (10th Cir.1971)).
discussed Cited as authority (rule) John Anthony Magyar v. State of Mississippi
Miss. · 2007 · confidence medium
This was so, the panel reasoned, because “while the loss w[ould] increase the period of his actual confinement, it [was] not ‘a definite, practical consequence of the plea’ but [was] discretionary with the prison authorities,” and therefore was a collateral consequence. 475 F.2d at 1366 (quoting Hutchison v. United States, 450 F.2d 930, 931 (10th Cir. 1971)).
examined Cited as authority (rule) Ex Parte Morrow (4×)
Tex. Crim. App. · 1997 · confidence medium
Courts have characterized deportation, United States v. Campbell, 778 F.2d 764 (11th Cir. 1985); possible enhancement of punishment, United States v. Lambros, 544 F.2d 962 (8th Cir.1976), cert. denied, 430 U.S. 930 , 97 S.Ct. 1550 , 51 L.Ed.2d 774 (1977); institution of separate civil proceedings against defendant for commitment to mental health facility, Cuthrell v. Director, Patuxent Institution, 475 F.2d at 1366 ; loss of good time credit, Hutchison v. United States, 450 F.2d 930, 931 (10th Cir.1971); possibility of imposition of consecutive sentences, United States v. Vermeulen, 436 F.2d 7…
cited Cited as authority (rule) State v. Maze
Kan. Ct. App. · 1992 · confidence medium
Hutchison v. United States; 450 F.2d 930, 931 (10th Cir. 1971).
discussed Cited as authority (rule) People v. Garcia (2×)
Colo. · 1991 · confidence medium
See United States v. Del Rosario, 902 F.2d 55, 59 (D.C.Cir.1990); United States v. Crowley, 529 F.2d 1066, 1072 (3d Cir.1976); Cuthrell v. Director, 475 F.2d 1364, 1366 (4th Cir.1973); Hutchison v. United States, 450 F.2d 930, 931 (10th Cir.1971); Redwine v. Zuckert, 317 F.2d 336, 338 (D.C.Cir.1963); Oyekoya v. State, 558 So.2d 990, 990-91 (Ala.Crim.App.1989); State v. Casseus, 513 So.2d 1045, 1045 (Fla.1987); Clark v. State, 736 S.W.2d 483, 484 (Mo.App.1987); Commonwealth v. Frometa, 520 Pa. 552, 553 , 555 A.2d 92, 93 (1989); State v. Santos, 136 Wis.2d 528, 530 , 401 N.W.2d 856, 858 (App.198…
cited Cited as authority (rule) Vick v. State
Okla. Crim. App. · 1988 · confidence medium
United States v. Salazar, 505 F.2d 72, 75 (10th Cir.1974); United States v. Hedges, 458 F.2d 188,190 (10th Cir.1972); Hutchinson v. United States, 450 F.2d 930, 931 (10th Cir.1972).
discussed Cited as authority (rule) People v. Pozo (2×)
Colo. · 1987 · confidence medium
Wright v. United States, 624 F.2d 557, 561 (5th Cir.1980) (a plea's possible enhancing effects on a subsequent sentence); Moore v. Hinton, 513 F.2d 781 (5th Cir.1975) (suspension of auto license); United States v. Crowley, 529 F.2d 1066, 1072 (3d Cir.), cert. denied, 425 U.S. 995 , 96 S.Ct. 2209 , 48 L.Ed.2d 820 (1976) (loss of civil service job as result of felony conviction); Cuthrell v. Director, 475 F.2d 1364, 1366 (4th Cir.), cert. denied, 414 U.S. 1005 , 94 S.Ct. 362 , 38 L.Ed.2d 241 (1973) (institution of separate civil proceedings against defendant for commitment to a mental health fac…
discussed Cited as authority (rule) Joseph George, Jr. v. Charles Black, Warden, Nebraska State Penitentiary
8th Cir. · 1984 · signal: cf. · confidence medium
Cf. Hutchison v. United States, 450 F.2d 930, 931 (C.A. 10th Cir.1971) (where inmate received two-year sentence for escaping from prison, he could not withdraw his guilty plea because he had not been told that he could lose good time via separately conducted in-prison proceedings).
cited Cited as authority (rule) Colbeth v. Civiletti
S.D. Ind. · 1980 · confidence medium
Hutchinson v. United States, 450 F.2d 930, 931 (10th Cir. 1971).
discussed Cited as authority (rule) Commonwealth v. Boyd
Mass. · 1975 · confidence medium
See, e.g., United States v. Apker, 419 F. 2d 388 (9th Cir. 1969); United States v. Lepiscopo, 429 F. 2d 258, 261 (5th Cir. 1970), cert. den. 400 U. S. 948 *177 (1970); Hutchison v. United States, 450 F. 2d 930, 931 (10th Cir. 1971). 4.
discussed Cited as authority (rule) Commonwealth v. Sneed
Mass. App. Ct. · 1975 · confidence medium
We concur in the opinion of the overwhelming majority of courts which have held that conviction of escape, following the imposition of a forfeiture of good time arising from the same occurrence, does not offend the constitutional guaranty against double jeopardy. *35 Hutchinson v. United States, 450 F. 2d 930, 931 (10th Cir. 1971), and cases cited.
discussed Cited as authority (rule) Americo Michel v. United States
2d Cir. · 1974 · confidence medium
Failure to inform the defendant of the following results of his guilty plea has been held not to render that plea invalid: Cuthrell v. Director, Patuxent Institution, 475 F.2d 1364, 1366 (4th Cir.), cert. denied, 414 U.S. 1005 , 94 S.Ct. 362 , 38 L.Ed.2d 241 (1973) (institution of separate civil proceedings against defendant for commitment to a mental health facility) ; Hutchison v. United States, 450 F.2d 930, 931 (10th Cir. 1971) (per curiam) (loss of good time credit) ; United States v. Vermeulen, 436 F.2d 72, 75 (2d Cir. 1970), cert. denied, 402 U.S. 911 , 91 S.Ct. 1390 , 28 L.Ed.2d 653 (1…
cited Cited as authority (rule) United States v. Richard Wayne Hedges
10th Cir. · 1972 · confidence medium
Hutchison v. United States, 450 F.2d 930, 931 (10th Cir. 1971). 3 The double jeopardy clause of the Fifth Amendment was thus not violated here.
discussed Cited "see, e.g." State v. James
Wis. Ct. App. · 1993 · signal: see also · confidence medium
See also Hutchison v. United States, 450 F.2d 930, 931 (10th Cir. 1971) (court need not inform defendant that conviction for escape results in loss of earned good time before accepting his plea to the charge).
Retrieving the full opinion text from the archive…
Kenneth Alexander HUTCHISON, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee
71-1549.
Court of Appeals for the Tenth Circuit.
Nov 17, 1971.
450 F.2d 930
Jack L. Love, Federal Public Defender, has filed a memorandum opposing summary affirmance on behalf of appellant.
Lewis, Pickett, McWilliams.
Cited by 50 opinions  |  Published
PER CURIAM.

Hutchison pleaded guilty to a charge of escape from federal confinement, 18 U.S.C. § 751, and was sentenced to a two-year term of imprisonment. He was also subjected to administrative punishment where 375 days of accumulated “good time” was forfeited, pursuant to 18 U.S.C. § 4165.

The first claim in this action is that the combination of administrative punishment and criminal conviction amounts to double jeopardy in violation of the Fifth Amendment. Numerous cases have held that this does not constitute double jeopardy and we agree. United States v. Lepiscopo, 429 F.2d 258 (5th Cir. 1970), cert, denied 400 U.S. 948, 91 S.Ct. 255, 27 L.Ed.2d 254; Gilchrist v. United States, 427 F.2d 1132 (5th Cir. 1970); United States v. Apker, 419 F.2d 388 (9th Cir. 1969); United States v. Cordova, 414 F.2d 277 (5th Cir. 1969); United States v. Shapiro, 383 F.2d 680 (7th Cir. 1967); Hamrick v. Peyton, 349 F.2d 370 (4th Cir. 1965); Rush v. United States, 290 F.2d 709 (5th Cir. 1961); Mullican v. United States, 252 F.2d 398 (5th Cir. 1958); Patterson v. United States, 183 F.2d 327 (4th Cir. 1950), cert, denied 340 U.S. 893, 71 S.Ct. 200, 95 L.Ed. 647; Gibson v. United States, 161 F.2d 973 (6th Cir. 1947); Pagliaro v. Cox, 143 F.2d 900 (8th Cir. 1944).

The second claim is that the plea of guilty to the escape charge was involuntary since Hutchison would not have entered such a plea if he had known that “good time” credit had been forfeited. It is urged that Rule 11, Federal Rules of Criminal Procedure, requires that a defendant be advised of the consequences of a guilty plea, and failure to mention the possible administrative punishment rendered the plea either involuntary or a failure to comply with Rule 11. We do not agree. The court imposed sentence for violation of the escape statute and it was unnecessary to advise Hutchison that he may also be subjected to administrative punishment. Our case of Jenkins v. United States, 420 F.2d 433 (10th Cir. 1970) is not in point since ineligibility for probation or parole was a definite practical consequence of the plea, necessitating such information be given Jenkins.

Upon docketing in this court, this matter was assigned to the summary calendar and the parties were so informed. The attorney appointed by the district court to assist Jenkins submitted a memorandum here, addressing the underlying merits. A careful and thorough review of the files and records in this cause convinces us that the judgment of the district court is correct and that further hearing is unnecessary.

Affirmed.