Greene v. United States

188 F.2d 571, 1951 U.S. App. LEXIS 3076
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 12, 1951
Docket11287
StatusPublished
Cited by1 cases

This text of 188 F.2d 571 (Greene v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greene v. United States, 188 F.2d 571, 1951 U.S. App. LEXIS 3076 (6th Cir. 1951).

Opinion

PER 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 stand. Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306; Reynolds v. United States, 6 Cir., 280 F. 1.

The judgment is affirmed.

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Related

Joseph H. Akers v. United States
280 F.2d 198 (Sixth Circuit, 1960)

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Bluebook (online)
188 F.2d 571, 1951 U.S. App. LEXIS 3076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-united-states-ca6-1951.