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565 F.2d 1058

Docket No. 77-1362.

Steele v. United States

Eighth Circuit Court of Appeals

Submitted Nov. 25, 1977.

Decided Nov. 30, 1977.

Certiorari Denied Jan. 23, 1978.

Eighth Circuit Court of Appeals · decided 1977-11-30

Cited by 4 later decisions — most recently March 1984

3 federal appellate · 1 state decisions

2 counsel of record

Applies 18 U.S.C. § 2115 · 18 U.S.C. § 500 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Morgan v. Devine · Matthews v. United States · Clemas v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1977-11-30

View the full empirical analysis of this case →

¶1See 98 S.Ct. 901.

¶2Bruce D. White, St: Louis, Mo., on brief for appellant.

¶3Daniel E. Wherry, U. S. Atty., Omaha, Neb. and Richard J. Nolan, Asst. U. S. Atty., Lincoln, Neb., for appellee.

¶4Before HEANEY, STEPHENSON and HENLEY, Circuit Judges.

¶5PER CURIAM.

¶6In September of 1975, after a jury trial in the District of Colorado, John Paul Steele was convicted of possessing six stolen United States Postal money orders under 18 U.S.C. § 500. He was sentenced to three years imprisonment. In November, 1975 in the District of Nebraska, John Paul Steele plead guilty to a charge of forcible entry of a United States Post Office with intent to commit larceny under 18 U.S.C. § 2115. He was sentenced to three years imprisonment to run consecutively to the Colorado sentence.

¶7Steele then filed this motion under 28 U.S.C. § 2255 seeking to have his Nebraska sentence modified. He argues that only one sentence, or a concurrent sentence, *1059could properly be imposed for the forcible entry of the post office and the subsequent possession of stolen money orders. The trial court held that Morgan v. Devine, 237 U.S. 632, 35 S.Ct. 712, 59 L.Ed. 1153 (1915) and Clemas v. United States, 423 F.2d 461 (8th Cir.), cert. denied, 398 U.S. 968, 90 S.Ct. 2183, 26 L.Ed.2d 554 (1970), required the conclusion that both the “illegal entry and the larceny or unlawful possession may be consecutively punished.”

¶8We have carefully examined the record and the briefs and are convinced that no error of law was committed by the trial court. Accordingly, we affirm on the basis of the opinion of the trial court. John Paul Steele v. United States, 440 F.Supp. 266 (D. Neb., 1977).

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