United States v. Dunbar

CourtUnited States Courts of Appeals. United States Court of Appeals (7th Circuit)
Citation149 F.2d 151
Docket NumberNo. 8732.,8732.
PartiesUNITED STATES v. DUNBAR.
Decision Date18 June 1945

Floyd Dunbar, of Alcatraz, Cal., pro se.

Howard L. Doyle and Marks Alexander, U. S. Atty., both of Springfield, Ill., for appellee.

Before EVANS, SPARKS, and KERNER, Circuit Judges.

Writ of Certiorari Denied June 18, 1945. See 65 S.Ct. 1577.

SPARKS, Circuit Judge.

Appellant appeals from an order of the District Court denying his motion to modify sentence and correct judgment. He states that the question presented by his appeal is: "After having been charged, convicted and sentenced for larceny of merchandise, can appellant again be charged, convicted and sentenced for receiving and having in his possession the said same merchandise, the aggregate of the sentences imposed being double the maximum of the applicable statute?"

The precise question sought to be raised by this appellant has twice been resolved against a co-defendant of his, first in a habeas corpus proceeding in a United States District Court in the Tenth Circuit, the denial of relief in which was affirmed on appeal by the Court of Appeals, and subsequently on a petition to vacate and invalidate the sentence, the denial of which in the court in which the judgment had been entered was affirmed by this court on appeal. See Carpenter v. Hudspeth, 10 Cir., 112 F.2d 126; United States v. Carpenter, 7 Cir., 143 F.2d 47. This court had previously held itself without authority to review the evidence upon which the judgment was entered because the bill of exceptions had not been timely filed. See Dunbar v. United States, 7 Cir., 65 F.2d 497, certiorari denied, 290 U.S. 626, 54 S.Ct. 81, 78 L.Ed. 546.

Since the power of the court to convict and impose consecutive sentences on separate counts for acts alleged to constitute parts of a single continuous transaction was fully discussed in the first two opinions referred to above, we deem it unnecessary to discuss this question further. Both courts held that the statute under which the two indictments charging appellant and his co-defendants were drawn, 18 U.S.C.A. § 409, clearly embraced several separate and distinct offenses, and that it was no error for the court to impose sentences to be consecutively served.

Appellant also suggests in his brief that he was not even in the state when the thefts with which he was charged occurred, hence that he could not have been guilty of them. We are no...

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6 cases
  • Torres v. United States, 16370.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • October 20, 1959
    ...See also Carroll v. United States, 6 Cir., 1949, 174 F.2d 412; Carroll v. Sanford, 5 Cir., 1948, 167 F.2d 878; United States v. Dunbar, 7 Cir., 1945, 149 F.2d 151, certiorari denied, 325 U.S. 889, 65 S.Ct. 1577, 89 L.Ed. 2002; United States v. Carpenter, 7 Cir., 1944, 143 F.2d Essentially t......
  • Robinson v. United States
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • June 16, 1964
    ...Cir. 1960); Carroll v. United States, 174 F.2d 412 (6 Cir. 1949), cert. den. 338 U.S. 874, 70 S.Ct. 136, 94 L.Ed. 536; United States v. Dunbar, 149 F.2d 151 (7 Cir. 1945). It is manifest from the provisions of Section 659, supra, that the value of goods stolen from an interstate shipment is......
  • Thomas v. United States, 15496.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • October 18, 1957
    ...F.2d 412, certiorari denied 338 U.S. 874, 70 S.Ct. 136, 94 L. Ed. 536; United States v. Carpenter, 7 Cir., 143 F.2d 47; United States v. Dunbar, 7 Cir., 149 F.2d 151, certiorari denied 325 U.S. 889, 65 S.Ct. 1577, 89 L. Ed. 2002; and Carpenter v. Hudspeth, 10 Cir., 112 F.2d See also: Parmag......
  • United States v. Cordo, 70
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • January 9, 1951
    ...of the crime of possessing stolen goods; the thief alone may be guilty. Carroll v. Sanford, 5 Cir., 167 F.2d 878; United States v. Dunbar, 7 Cir., 149 F.2d 151, certiorari denied, 325 U.S. 889, 65 S.Ct. 1577, 89 L. Ed. Proof of knowledge that the goods had been stolen from interstate commer......
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