United States v. Nathaniel Parker, Jr.

Fifth Circuit

United States v. Nathaniel Parker, Jr.

454 F.2d 1164, 1972 U.S. App. LEXIS 11602

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 27, 1972

Docket71-2480

StatusPublished

Cited by2 cases

This text of 454 F.2d 1164 (United States v. Nathaniel Parker, Jr.) 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

United States v. Nathaniel Parker, Jr., 454 F.2d 1164, 1972 U.S. App. LEXIS 11602 (5th Cir. 1972).

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Opinion

PER CURIAM:

Appellant Parker was found guilty under Counts One and Two of a six-count indictment charging him, along with four other individuals, with violations of Section 659, Title 18, U.S.C. Count One of the indictment charged Parker with theft from an interstate shipment, and Count Two charged him with unlawful possession of the interstate chattels. Parker was committed to the custody of the Attorney General for three years on each of the two counts, and the execution of the sentence was ordered to run concurrently under the provisions of Title 18, U.S.C., Section 4208(a) (2). Appellant seeks only by this appeal to review the conviction under Count One, asserting insufficiency of evidence to sustain conviction on this count. Appellant does not appeal from the verdict under Count Two.

Since appellant does not challenge the jury verdict on Count Two, it is unnecessary for this court to consider the sufficiency of the evidence as to Count One. It is well established that “where the evidence is sufficient to support a conviction on one count, *1165 and the total sentence imposed does not exceed the maximum which may be imposed under that count”, it is unnecessary for the reviewing court to consider the evidence on the remaining counts. Barenblatt v. United States, 360 U.S. 109, 79 S.Ct. 1081, 3 L.Ed.2d 1115; Holt v. United States, 288 F.2d 447 (5 Cir. 1961).

The judgment of the court below is Affirmed.

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PER CURIAM:

Appellant Parker was found guilty under Counts One and Two of a six-count indictment charging him, along with four other individuals, with violations of Section 659, Title 18, U.S.C. Count One of the indictment charged Parker with theft from an interstate shipment, and Count Two charged him with unlawful possession of the interstate chattels. Parker was committed to the custody of the Attorney General for three years on each of the two counts, and the execution of the sentence was ordered to run concurrently under the provisions of Title 18, U.S.C., Section 4208(a) (2). Appellant seeks only by this appeal to review the conviction under Count One, asserting insufficiency of evidence to sustain conviction on this count. Appellant does not appeal from the verdict under Count Two.

Since appellant does not challenge the jury verdict on Count Two, it is unnecessary for this court to consider the sufficiency of the evidence as to Count One. It is well established that “where the evidence is sufficient to support a conviction on one count, *1165 and the total sentence imposed does not exceed the maximum which may be imposed under that count”, it is unnecessary for the reviewing court to consider the evidence on the remaining counts. Barenblatt v. United States, 360 U.S. 109, 79 S.Ct. 1081, 3 L.Ed.2d 1115; Holt v. United States, 288 F.2d 447 (5 Cir. 1961).

The judgment of the court below is Affirmed.

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454 F.2d 1164, 1972 U.S. App. LEXIS 11602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-nathaniel-parker-jr-ca5-1972.

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