From Casetext: Smarter Legal Research

Strother v. United States

United States Court of Appeals, Fifth Circuit
Dec 21, 1967
387 F.2d 385 (5th Cir. 1967)

Summary

In Strother v. United States, 387 F.2d 385, 386 (5th Cir. 1967), cert. denied, 391 U.S. 971, 88 S.Ct. 2038, 20 L.Ed.2d 886 (1968), the Court rejected appellant's argument that his conviction entered upon his plea of guilty to two counts of an indictment amounted to double jeopardy in violation of the Fifth Amendment, in that the two counts of the indictment constituted but one offense.

Summary of this case from Gilbert v. United States

Opinion

No. 25090.

December 21, 1967.

Obie Diah Strother, pro se.

Robert E. Hauberg, U.S. Atty., E. Donald Strange, Asst. U.S. Atty., Jackson, Miss., for appellee.

Before MARIS, THORNBERRY and AINSWORTH, Circuit Judges.

Of the Third Circuit, sitting by designation.


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.


Summaries of

Strother v. United States

United States Court of Appeals, Fifth Circuit
Dec 21, 1967
387 F.2d 385 (5th Cir. 1967)

In Strother v. United States, 387 F.2d 385, 386 (5th Cir. 1967), cert. denied, 391 U.S. 971, 88 S.Ct. 2038, 20 L.Ed.2d 886 (1968), the Court rejected appellant's argument that his conviction entered upon his plea of guilty to two counts of an indictment amounted to double jeopardy in violation of the Fifth Amendment, in that the two counts of the indictment constituted but one offense.

Summary of this case from Gilbert v. United States
Case details for

Strother v. United States

Case Details

Full title:Obie Diah STROTHER, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Fifth Circuit

Date published: Dec 21, 1967

Citations

387 F.2d 385 (5th Cir. 1967)

Citing Cases

United States v. Strother

On November 14, 1969, Strother filed an amended petition for writ of error coram nobis, and from the district…

United States v. Strother

Both the petition and the motion were denied by the district court on May 29, 1967. Strother unsuccessfully…