United States v. Cornelius J. Kehoe and Ray K. Bullock

U.S. Court of Appeals for the Fifth Circuit
United States v. Cornelius J. Kehoe and Ray K. Bullock, 579 F.2d 971 (5th Cir. 1978)
Goldberg, Morgan, Per Curiam, Wyzanski

United States v. Cornelius J. Kehoe and Ray K. Bullock

Opinion

PER CURIAM.

In United States v. Kehoe, 573 F.2d 335 (5th Cir. 1978), we reviewed several alleged errors including defendants’ claim that their conviction under 18 U.S.C. § 657 violated double jeopardy. While rejecting the defendants’ other contentions, we relied on United States v. Jenkins, 420 U.S. 358, 95 S.Ct. 1006, 43 L.Ed.2d 250 (1975) to hold that the § 657 conviction abridged the Double Jeopardy Clause. Subsequently, the Supreme Court expressly overruled Jenkins in United States v. Scott, - U.S. -, 98 S.Ct. 2187, 57 L.Ed.2d 65 (1978). The portion of our opinion relying on Jenkins, 573 F.2d at 340-346, must be vacated in light of Scott. We now hold that the defendants’ conviction did not violate double jeopardy and we therefore affirm the judgment of the district court.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Cornelius J. KEHOE and Ray K. Bullock, Defendants-Appellants
Cited By
4 cases
Status
Published