CRAWFORD
v.
UNITED STATES
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The court held that transporting a stolen motor vehicle in interstate commerce and receiving or concealing a stolen motor vehicle moving in interstate commerce are separate offenses.
Petitioner sought to vacate a sentence, arguing that the offenses charged in Counts 1 and 2 of the indictment were the same. Count 1 charged transport…
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PER CURIAM.
This proceeding, brought under the provisions of Sec. 2255, Title 28 U.S. Code, to vacate the sentence heretofore imposed under Count 2 of the indictment on the ground that the offenses charged in Counts 1 and 2 of the indictment are but one and the same offense, was heard upon the record and briefs for the respective parties;
And the Court being of the opinion that the offense of transporting in interstate commerce a motor vehicle, knowing the same to have been stolen, as charged in Count 1 of the indictment, Sec. 2312, Title 18 U.S.Code, is a separate offense from the. offense of receiving or concealing a motor vehicle moving in interstate commerce, knowing the same to have been stolen, as charged in Count 2 of the indictment, Sec. 2313, Title 18 U.S.Code; Spradley v. United States, 6 Cir., 162 F. 2d 203; York v. United States, 6 Cir., 299 F. 778; Record v. Hudspeth, 10 Cir., 126 F. 2d 215, certiorari denied 316 U.S. 703, 62 S.Ct. 1310, 86 L.Ed. 1771;
And that the evidence sustains appellee’s contention that said two separate offenses were committed by the appellant ; Gavieres v. United States, 220 U.S. 338, 31 S.Ct. 421, 55 L.Ed. 489; Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306; Grabenheaimer v. United States, 6 Cir., 194 F. 2d 447; Newman v. United States, 6 Cir., 212 F. 2d 450.
It is ordered that the judgment of the District Court, dismissing the proceeding, be affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Blockburger v. United States, 284 U.S. 299 (U.S. 1932)
- Gavieres v. United States, 220 U.S. 338 (U.S. 1911)
- Newman v. United States, 212 F.2d 450 (6th Cir. 1954)
- Record v. Hudspeth, 126 F.2d 215 (10th Cir. 1942)
- Grabenheaimer v. United States, 194 F.2d 447 (6th Cir. 1952)
- Record v. Hudspeth, 316 U.S. 703 (U.S. 1942)
- Roberts v. Bennett, 316 U.S. 703 (U.S. 1942)
- Spradley v. United States, 162 F.2d 203 (6th Cir. 1947)
- Gordon's Transports, Inc. v. Walling, 162 F.2d 203 (6th Cir. 1947)