Legal Opinion

Benjamin F. Rayborn v. United States

Court of Appeals for the Sixth Circuit

Decided June 20, 1956No. 12602PublishedCited by 24 opinions

1Opinion of the Court

STEWART, Circuit Judge.

This appeal is from the district court’s denial of a motion filed under 28 U.S.C.A. § 2255, to vacate and correct the appellant’s thirty year prison sentence. At issue are two aspects of the recurring question of how many separate criminal offenses can properly be carved out of a single transaction.

In 1947 the appellant was found guilty by a jury on each of fourteen counts of an indictment. He received the maximum sentence of five years imprisonment on each count, some of the sentences to run concurrently and some consecutively, totalling thirty consecutive years.

Two of…

2Cases cited13 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Bell v. United StatesSupreme Court of the United States · 1955
  3. Morgan v. DevineSupreme Court of the United States · 1915
  4. Oddo v. United StatesCourt of Appeals for the Second Circuit · 1949
  5. McKee v. JohnstonCourt of Appeals for the Ninth Circuit · 1939

8 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. United States v. John Preston Rosenbarger, Jr.Court of Appeals for the Sixth Circuit · 1976
  2. United States v. Agnel JonesCourt of Appeals for the Sixth Circuit · 1976
  3. Kenneth E. Waters v. United StatesCourt of Appeals for the Tenth Circuit · 1964
  4. Jones v. RaybornCourt of Appeals of Kentucky (pre-1976) · 1961
  5. Harry T. Von Eichelberger and Haig Mihram Terzian v. United StatesCourt of Appeals for the Ninth Circuit · 1958

19 more not listed; retrieve them via the Exa API.

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