United States v. Howard Taft Kalsbeck and Howard Kelly

U.S. Court of Appeals for the Sixth Circuit
United States v. Howard Taft Kalsbeck and Howard Kelly, 625 F.2d 123 (6th Cir. 1980)
1980 U.S. App. LEXIS 16029
Edwards, En-Gel, Peck, Per Curiam

United States v. Howard Taft Kalsbeck and Howard Kelly

Opinion

PER CURIAM.

These two defendants entered pleas of guilty to three counts involving theft of *124 money from a Wells Fargo truck and interstate transportation thereof in violation of 18 U.S.C. §§ 659 and 2314. After having entered their pleas and found that they had been sentenced to consecutive sentences on the above counts and were faced each with 18 years in the federal penal system, due partly to a consecutive sentence on still another count which is not involved in this appeal, their appeal is directed at the proposition that they are being punished twice for the same offense.

It is conceded that they both robbed the Wells Fargo truck and drove the proceeds to New York State. In our opinion, it was permissible for the United States to charge both of these acts as separate offenses and penalize them separately. See Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932) and Brown v. Ohio, 432 U.S. 161, 97 S.Ct. 2221, 53 L.Ed.2d 187 (1977).

The judgments of conviction are affirmed.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Howard Taft KALSBECK and Howard Kelly, Defendants-Appellants
Cited By
3 cases
Status
Published