Bobby Joe Thomas v. United States

Thomas raises two contentions on this petition for rehearing. Both are without merit.

First, Thomas alleges that he was subjected to double jeopardy when, upon the new trial we ordered in Thomas v. United States, 5 Cir. 1969, 418 F. 2d 567, he was tried upon two of the three counts in the indictment which the original trial judge had treated as sur-plusage for the purposes of sentencing. Thomas had been convicted at his original trial on all six counts of the indictment. But this contention is wide of the mark “since it is based on the false assumption that the court’s failure to sentence him…