266 F.2d 529 - Sutton v. United States — 266 F.2d 529

How this case has been cited

Cited by 6 later decisions — most recently November 1971

5 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1John E. Sutton, in pro. per.

¶2Dan Kennerly, Asst. U. S. Atty., William B. Butler, U. S. Atty., Houston, Tex., for appellee.

¶3Before RIVES, CAMERON and JONES, Circuit Judges.

¶4PER CURIAM.

¶5The appellant unsuccessfully sought to have the district court set aside, under 28 U.S.C.A. § 2255, the sentence imposed after he was convicted on two counts of an indictment charging violation of the acts relating to marihuana. One of the counts on which he was convicted charged participation in a conspiracy and the other alleged the commission of a substantive offense.

¶6It is claimed by the appellant that the imposition of consecutive sentences on substantive and conspiracy counts is double punishment in violation of the Fifth Amendment. The law is otherwise. Pereira v. United States, 347 U.S. 1, 74 S.Ct. 358, 98 L.Ed. 435.

¶7The claim is also made that the sentence of ten years on the conviction on the substantive charge “consecutive with” the sentence on the conspiracy charge is ambiguous and that the language used indicates that concurrent sentences were or may have been intended. Reliance is placed on Bledsoe v. Johnston, D.C.N.D.Cal.1944, 58 F.Supp. 129. This case does not sustain the appellant’s contention. See United States v. Daugherty, 269 U.S. 360, 46 S.Ct. 156, 70 L.Ed. 309.

¶8A correct judgment was entered. It is

¶9Affirmed.