Justia Federal District Court Opinions

This proceeding, brought under the provisions of Sec. 2255, Title 28 U.S. Code, to vacate the sentence heretofore imposed under Count 2 of the indictment on the ground that the offenses charged in Counts 1 and 2 of the indictment are but one and the same offense, was heard upon the record and briefs for the respective parties;

And the Court being of the opinion that the offense of transporting in interstate commerce a motor vehicle, knowing the same to have been stolen, as charged in Count 1 of the indictment, Sec. 2312, Title 18 U.S.Code, is a separate offense from the offense of receiving or concealing a motor vehicle moving in interstate commerce, knowing the same to have been stolen, as charged in Count 2 of the indictment, Sec. 2313, Title 18 U.S.Code; Spradley v. United States, 6 Cir., 162 F.2d 203; York v. United States, 6 Cir., 299 F. 778; Record v. Hudspeth, 10 Cir., 126 F.2d 215, certiorari denied 316 U.S. 703, 62 S.Ct. 1310, 86 L.Ed. 1771;

And that the evidence sustains appellee's contention that said two separate offenses were committed by the appellant; Gavieres v. United States, 220 U.S. 338, 31 S.Ct. 421, 55 L.Ed. 489; Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306; Grabenheaimer v. United States, 6 Cir., 194 F.2d 447; Newman v. United States, 6 Cir., 212 F.2d 450.

It is ordered that the judgment of the District Court, dismissing the proceeding, be affirmed.