Obie Diah Strother v. United States

Fifth Circuit

Obie Diah Strother v. United States

387 F.2d 385, 1967 U.S. App. LEXIS 4058

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 21, 1967

Docket25090

StatusPublished

Cited by8 cases

This text of 387 F.2d 385 (Obie Diah Strother 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.

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Obie Diah Strother v. United States, 387 F.2d 385, 1967 U.S. App. LEXIS 4058 (5th Cir. 1967).

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Opinion

PER CURIAM.

This appeal is from the denial of a motion to withdraw a guilty plea entered on October 10, 1963 for a violation of 18 U.S.C. § 2313. Appellant pled guilty to transporting a stolen vehicle in interstate commerce in violation of 18 U.S.C. § 2312 and to concealing that same vehicle in violation of 18 U.S.C. § 2313. He alleges that these two counts of the indictment constituted but one offense and that conviction on both counts amounted to double jeopardy in violation of the Fifth Amendment. This argument is foreclosed by Woody v. United States, 6 Cir. 1957, 258 F.2d 535, affirmed 359 U.S. 118, 79 S.Ct. 721, 3 L.Ed.2d 673, rehearing denied 359 U.S. 985, 79 S.Ct. 939, 3 L.Ed.2d 934.

The decision of the district court denying the motion to withdraw guilty plea is hereby affirmed.

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PER CURIAM.

This appeal is from the denial of a motion to withdraw a guilty plea entered on October 10, 1963 for a violation of 18 U.S.C. § 2313. Appellant pled guilty to transporting a stolen vehicle in interstate commerce in violation of 18 U.S.C. § 2312 and to concealing that same vehicle in violation of 18 U.S.C. § 2313. He alleges that these two counts of the indictment constituted but one offense and that conviction on both counts amounted to double jeopardy in violation of the Fifth Amendment. This argument is foreclosed by Woody v. United States, 6 Cir. 1957, 258 F.2d 535, affirmed 359 U.S. 118, 79 S.Ct. 721, 3 L.Ed.2d 673, rehearing denied 359 U.S. 985, 79 S.Ct. 939, 3 L.Ed.2d 934.

The decision of the district court denying the motion to withdraw guilty plea is hereby affirmed.

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387 F.2d 385, 1967 U.S. App. LEXIS 4058, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obie-diah-strother-v-united-states-ca5-1967.

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