Legal Opinion

Greene v. United States

Court of Appeals for the Sixth Circuit

Decided April 12, 1951No. 11287PublishedCited by 1 opinion

1Per curiam

Upon appeal from a motion to vacate sentences, it appears that there were five counts to the indictment and that the appellant was sentenced to a total term of five years all sentences having ibeen made concurrent.

The appellant charges that the several counts allege the same offense and that count four is invalid. He presents no meritorious challenge to the validity of the fifth count which charged violation of 18 U.S.C. §§ 7, 661. The maximum penalty under this section is five years.

Count five supports the judgment. It is settled law that if a sentence is supported by any valid count it must…

2Cases cited2 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Reynolds v. United StatesCourt of Appeals for the Sixth Circuit · 1922

3Cited by1 opinion

  1. Joseph H. Akers v. United StatesCourt of Appeals for the Sixth Circuit · 1960

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