94 F.2d 355 - Thompson v. Johnston — 94 F.2d 355

How this case has been cited

Cited by 5 later decisions — most recently September 2004

2 federal appellate · 1 state decisions

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.

¶1George Thompson, in pro. per.

¶2Frank J. Hennessy, U. S. Atty., and A. J. Zirpoli, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

¶3Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

¶4STEPHENS, Circuit Judge.

¶5The United States District Court (Northern District of California) denied the issuance of the writ of habeas corpus upon appellant’s petition, hence this appeal by him.

¶6Petitioner is restrained of his liberties by virtue of conviction and sentence upon three indictment charges. His only point is that he was convicted and sentenced to prison, where he is now restrained of his liberties, upon a conspiracy charge, which is not of itself a crime since the scheme to violate a federal law was actually accomplished and petitioner was convicted and sentenced to prison upon the substantive offense.

¶7We need but quote one sentence from Parmagini v. United States, 1930, 9 Cir., 42 F.2d 721, 725 : “The last count of conspiracy to violate these laws is a separate and distinct offense punishable as such. Ader v. U. S. (C.C.A.) 284 F. 13; Brady v. U. S. (C.C.A.) 24 F.2d 405, 59 A.L.R. 563.” 18 U.S.C.A. § 88.

¶8The ruling of the District Court is affirmed.