Richard Lowell Stratton v. United States

Petitioner, claiming that he had unconstitutionally received consecutive sentences in violation of the double jeopardy clause on both a greater offense and a lesser included one, filed a § 2255 petition to vacate the lesser included sentence. The petition was denied without a hearing, 674 F.Supp. 42, and petitioner now appeals. We review the background.

Petitioner was first indicted in Maine. He was charged with a conspiracy occurring from October 1, 1981 to April 9, 1982 to possess with intent to distribute a large quantity of marijuana and hashish. He was convicted after a jury trial and…