98-3736 Jackson v. Miller

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“The transcript of Jackson’s March 27, 1975 sentencing hearing reflects that sentence was actually imposed at that time. At that initial hearing, the Judge stated, ‘[t]he Court … now sentences both defendants to not less than one (1) nor more than ten (10) years.’… The judge also told Jackson and his brother, ‘I have imposed sentence for both of you as one (1) to ten (10) years. You won’t begin serving that time today but you will be back here on April 25, do you understand that?’ Id. That sentence was imposed at the initial hearing is also evidenced by the fact that, at that time, the judge performed all of the functions required for sentencing: he acknowledged that he had reviewed the pre-sentence investigation report, ordered the defendants committed to the Department of Corrections, and gave the defendants credit for time served. Moreover, the judge referred to the purpose of the May 30 appearance as ‘execution of sentence’ and not as ‘sentencing,’ ‘deferred sentencing,’ or ‘imposition of sentence.’ Therefore, because sentence had already been imposed on Jackson when he appeared for the execution of his sentence, the facts of Jackson’s case are materially distinguishable from the facts in Mempa.”

Affirmed.

Appeal from the United States District Court for the Northern District of Indiana, Sharp, J., Kanne, J.