Legal Opinion
United States v. James Delmore Deaton
Court of Appeals for the Fifth Circuit
Decided October 20, 1972No. 72-1197PublishedCited by 58 opinions
1Opinion of the Court
GODBOLD, Circuit Judge:
Appellant was convicted at a jury trial under two counts, each alleging violation of 18 U.S.C. § 1072, 1 by harboring and concealing an escaped prisoner, and given maximum sentences of three years on each count to be served consecutively. The conviction is questioned on several grounds, and the sentences on the ground that the separate and consecutive sentences were imposed for a single offense. We affirm the conviction, but agree that only a single sentence could be imposed and, therefore, remand for resentencing.
The wording of the counts is identical with the…
2Cases cited12 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Ashe v. SwensonSupreme Court of the United States · 1970
- Bell v. United StatesSupreme Court of the United States · 1955
- Downum v. United StatesSupreme Court of the United States · 1963
- Ladner v. United StatesSupreme Court of the United States · 1958
7 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Richard E. Brown v. United StatesCourt of Appeals for the Ninth Circuit · 1980
- UNITED STATES of America, Plaintiff-Appellee, v. Gabriel Valdez ANDAVERDE, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1995
- Spradling v. StateCourt of Criminal Appeals of Texas · 1989
- United States v. Edwin Kinsley, United States of America v. Michael GuerraCourt of Appeals for the Eighth Circuit · 1975
- United States v. Harvey I. SilvermanCourt of Appeals for the Eleventh Circuit · 1984
53 more not listed; retrieve them via the Exa API.