[DOWNLOAD] "United States v. Abigando" by United States Court of Appeals for the Fifth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: United States v. Abigando
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 11, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Abigando appeals from his conviction on a two-count indictment charging separately the interstate transportation of two stolen motor vehicles in violation of 18 U.S.C. § 2312. He was sentenced to five years imprisonment on each count, the sentences to run concurrently. While mindful of the "concurrent sentence doctrine" as enunciated in Hirabayashi v. United States, 1943, 320 U.S. 81, 63 S. Ct. 1375, 87 L. Ed. 1774, which would allow us to omit consideration of one of Abigandos convictions if the other is valid, this opinion will deal with both convictions. Benton v. Maryland, 1969, 395 U.S. 784, 89 S. Ct. 2056, 23 L. Ed. 2d 707, held that the "concurrent sentence doctrine" is not a jurisdictional bar to consideration of challenges to multiple convictions where concurrent sentences are imposed. The doctrine is one of federal appellate court convenience, and the appellate court may decide as a matter of discretion that it is unnecessary to consider all allegations. Benton, supra, 395 U.S. at 791, 89 S. Ct. 2056. However, we will discuss the issues raised relative to each count since there was but one confession and the offenses were somewhat entwined.
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