Hensley v. United States
Court of Appeals for the Eighth Circuit
1Opinion of the Court
THOMAS, Circuit Judge.
This is an appeal from an order of the district court denying appellant’s petition to correct and set aside a judgment and prison sentence of 25 years.
The appellant contends (1) that he was twice put in jeopardy for the same offense and (2) that the judgment is void for want of jurisdiction.
In any event appellant’s first contention is without merit, for “The erroneous imposition of two sentences for a single offense does not constitute double jeopardy.” White v. Pescor, Warden, 8 Cir., 155 F.2d 902, 904. We proceed, therefore, to consider the alleged want of jurisdiction.
2Cases cited8 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Smith v. United StatesCourt of Appeals for the D.C. Circuit · 1927
- Dillon v. United StatesCourt of Appeals for the Eighth Circuit · 1940
- Smith v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Blackwood v. United StatesCourt of Appeals for the Eighth Circuit · 1943
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3Cited by4 opinions
- William Wright v. The United States of AmericaCourt of Appeals for the Seventh Circuit · 1975
- State v. MartinezNew Mexico Supreme Court · 1967
- Thomas Franklin Clemas v. United StatesCourt of Appeals for the Eighth Circuit · 1970
- Stephens v. StateCourt of Appeals of Arkansas · 1985