Bobby Ray Powers v. United States

Fifth Circuit

Bobby Ray Powers v. United States

470 F.2d 991, 1972 U.S. App. LEXIS 6232

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 18, 1972

Docket72-3221

StatusPublished

Cited by5 cases

This text of 470 F.2d 991 (Bobby Ray Powers v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bobby Ray Powers v. United States, 470 F.2d 991, 1972 U.S. App. LEXIS 6232 (5th Cir. 1972).

Pincite

Opinion

PER CURIAM:

Appellant pleaded guilty to Count Two of an indictment containing two numbered paragraphs. Paragraph 1 charged a co-defendant, Sanchez, with possession of counterfeit bills in violation of 18 U.S.C. § 472. Paragraph 2 charged appellant and others with aiding and abetting the offense described in paragraph 1 in violation of 18 U.S.C. § 2, the aider and abettor statute. Appellant was sentenced to six years, subject to 18 U.S.C. § 4208(a)(2).

By a § 2255 motion Powers seeks to have his sentence reduced on the theory he has been convicted and sentenced as both a principal and aider and abettor of the same offense. This is wholly without merit. The indictment charged him with only one offense. 18 U.S.C. § 2 does not define a crime but merely makes punishable as a principal one who aids and abets another in the commission of a substantive crime. United States v. Campbell, 426 F.2d 547 (2d Cir. 1970). The sentence given appellant was well within the maximum, of 15 years which he could have received.

Appellant claims that the records of parole authorities show him to be guilty of two offenses, one as principal and the other as aider and abettor, which might impose an obstacle to his chances for parole. While we doubt his conclusory allegation, if any such misapprehension should arise appellant can remedy it by furnishing to the authorities a copy of this opinion confirming that he has been convicted of only a single offense.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

Appellant pleaded guilty to Count Two of an indictment containing two numbered paragraphs. Paragraph 1 charged a co-defendant, Sanchez, with possession of counterfeit bills in violation of 18 U.S.C. § 472. Paragraph 2 charged appellant and others with aiding and abetting the offense described in paragraph 1 in violation of 18 U.S.C. § 2, the aider and abettor statute. Appellant was sentenced to six years, subject to 18 U.S.C. § 4208(a)(2).

By a § 2255 motion Powers seeks to have his sentence reduced on the theory he has been convicted and sentenced as both a principal and aider and abettor of the same offense. This is wholly without merit. The indictment charged him with only one offense. 18 U.S.C. § 2 does not define a crime but merely makes punishable as a principal one who aids and abets another in the commission of a substantive crime. United States v. Campbell, 426 F.2d 547 (2d Cir. 1970). The sentence given appellant was well within the maximum, of 15 years which he could have received.

Appellant claims that the records of parole authorities show him to be guilty of two offenses, one as principal and the other as aider and abettor, which might impose an obstacle to his chances for parole. While we doubt his conclusory allegation, if any such misapprehension should arise appellant can remedy it by furnishing to the authorities a copy of this opinion confirming that he has been convicted of only a single offense.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

470 F.2d 991, 1972 U.S. App. LEXIS 6232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bobby-ray-powers-v-united-states-ca5-1972.

Opinion

Related

Cite This Page — Counsel Stack