United States v. Jimmy Victor Abigando

RIVES, Circuit Judge:

Abigando appeals from his conviction on a two-count indictment charging separately the interstate transportation of two stolen motor vehicles in violation of 18 U.S.C. § 2312. He was sentenced to five years’ imprisonment on each count, the sentences to run concurrently. While mindful of the “concurrent sentence doctrine” as enunciated in Hirabayshi v. United States, 1943, 320 U.S. 81, 63 S.Ct. 1375, 87 L.Ed. 1774, which would allow us to omit consideration of one of Abigando’s convictions if the other is valid, this opinion will deal with both convictions. Benton v.…