Public-domain · open source
OpenJurist

387 F.2d 385

Docket No. 25090.

Strother v. United States

Fifth Circuit Court of Appeals

Decided Dec. 21, 1967.

Fifth Circuit Court of Appeals · decided 1967-12-21

2 counsel of record

Applies 18 U.S.C. § 2312 · 18 U.S.C. § 2313

Relies on Spevack v. Strauss · Goldstein v. United States · Woody v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1967-12-21

How this case has been cited

Cited by 12 later decisions — most recently April 1980

11 federal appellate ·

60196719701980decided

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.

View the full empirical analysis of this case →

¶1Obie Diah Strother, pro se.

¶2*386Robert E. Hauberg, U. S. Atty., E. Donald Strange, Asst. U. S. Atty., Jackson, Miss., for appellee.

¶3Before MARIS* THORNBERRY and AINSWORTH, Circuit Judges.

¶5PER CURIAM.

¶6This appeal is from the denial of a motion to withdraw a guilty plea entered on October 10, 1963 for a violation of 18 U.S.C. § 2313. Appellant pled guilty to transporting a stolen vehicle in interstate commerce in violation of 18 U.S.C. § 2312 and to concealing that same vehicle in violation of 18 U.S.C. § 2313. He alleges that these two counts of the indictment constituted but one offense and that conviction on both counts amounted to double jeopardy in violation of the Fifth Amendment. This argument is foreclosed by Woody v. United States, 6 Cir. 1957, 258 F.2d 535, affirmed 359 U.S. 118, 79 S.Ct. 721, 3 L.Ed.2d 673, rehearing denied 359 U.S. 985, 79 S.Ct. 939, 3 L.Ed.2d 934.

¶7The decision of the district court denying the motion to withdraw guilty plea is hereby affirmed.

/387/f2d/385 · .json · Public domain