John E. Sutton v. United States

The 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.

It 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…