Malvin Chester Hamilton v. United States

Fifth Circuit

Malvin Chester Hamilton v. United States

341 F.2d 914, 1965 U.S. App. LEXIS 6356

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 3, 1965

Docket21790

StatusPublished

This text of 341 F.2d 914 (Malvin Chester Hamilton 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

Malvin Chester Hamilton v. United States, 341 F.2d 914, 1965 U.S. App. LEXIS 6356 (5th Cir. 1965).

Pincite

Opinion

*915 PER CURIAM:

This is an appeal from denial of relief on a Section 2255 motion based on the contention that the second of two consecutive sentences visited “double jeopardy,” in the nature of double punishment on the appellant.

Appellant was convicted on two counts of a “moonshine” indictment. One charged possession and the other charged selling. These two offenses are contained in a single section (26 U.S.C.A. § 5604) of the statute.

Since proof of possession requires something less than proof of selling, we conclude that the appellant could be convicted and punished for both offenses even though the same untaxed whiskey was involved. See Perry v. United States, 5 Cir., 227 F.2d 129.

The judgment is affirmed.

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