U.S. Court of Appeals for the Fifth Circuit, 1966

Murphy Jenkins, Jr. v. United States

Murphy Jenkins, Jr. v. United States
U.S. Court of Appeals for the Fifth Circuit · Decided July 8, 1966 · Tuttle, Brown, Coleman
363 F.2d 24; 1966 U.S. App. LEXIS 5549 (Federal Reporter, Second Series)

Murphy Jenkins, Jr. v. United States

Opinion

PER CURIAM:

Appellant moved to vacate sentence under 28 U.S.C.A. § 2255, alleging that he was improperly sentenced for two offenses, when in fact only one offense was involved. The offenses charged, and for which Appellant is now serving consecutive sentences, were (1) stealing a letter from an authorized mail receptacle; and (2) abstracting from the same letter a Louisiana welfare check, 18 U.S.C.A. § 1708. The District Court held that these constituted two separate and distinct offenses and therefore supported two separate sentences. We agree and affirm. Poffenbarger v. Aderhold, 5 Cir., 1933, 67 F.2d 250, cert. denied, 1934, 290 U.S. 703, 54 S.Ct. 375, 78 L.Ed. 604, following Poffenbarger v. United States, 8 Cir., 1927, 20 F.2d 42; Kinsella v. Looney, 10 Cir., 1954, 217 F.2d 445; see United States v. Gumbs, 2 Cir., 1957, 246 F.2d 441; cf. Wilburn v. United States, 5 Cir., 1964, 326 F.2d 903; Tesciona v. Hunter, 10 Cir., 1945, 151 F.2d 589.

Affirmed.

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