392 U.S. 651 (1968), 34, Pope v. United States

Docket NºNo. 34, Misc.
Citation392 U.S. 651, 88 S.Ct. 2145, 20 L.Ed.2d 1317
Party NameDuane Earl POPE v. UNITED STATES.
Case DateJune 17, 1968
CourtUnited States Supreme Court

Page 651

392 U.S. 651 (1968)

88 S.Ct. 2145, 20 L.Ed.2d 1317

Duane Earl POPE

v.

UNITED STATES.

No. 34, Misc.

United States Supreme Court.

June 17, 1968

COUNSEL

[88 S.Ct. 2145] Wallace M. Rudolph, for petitioner.

Solicitor General Griswold, Assistant Attorney General Vinson, Ralph S. Spritzer, Beatrice Rosenberg and Jerome M. Feit, for the United States.

OPINION

PER CURIAM.

The petitioner was convicted by a jury and sentenced to death under the Federal Bank Robbery Act, 18 U.S.C. s 2113(e). The Solicitor General has filed a memorandum for the United States conceding that this death penalty provision 'suffers from the same constitutional infirmity' as that found in the Federal Kidnapping Act, 18 U.S.C. s 1201(a). United States v. Jackson, 390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138. Accordingly, the Solicitor General concedes that the petitioner's 'sentence must be vacated and the cause remanded * * * for resentencing.' In light of this concession and upon an independent examination of the record, but without reaching any of the petitioner's other claims, the motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted, the judgment is vacated, and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further proceedings consistent with this opinion.

Mr. Justice BLACK and Mr. Justice WHITE dissent for the reasons stated in the dissenting opinion of Mr. Justice WHITE in United States v. Jackson, supra, 390 U.S. 570, 591, 88 S.Ct. 1209, 1222.

Mr. Justice BLACK dissents for the further reasons stated in his dissenting opinion in Lopinson v. Pennsylvania, 392 U.S. 647, 648, 88 S.Ct. 2277, 20 L.Ed.2d 1344.

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171 practice notes
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    ...because of their 'status' as parents. Robinson v. State of California, 370 U.S. 660, 82 S.Ct. 1417 (1962); Powell v. State of Texas, 392 U.S. 651, 88 S.Ct. 2145 (1968). Sections 4 through 6 of the proposed legislation may be subject to constitutional challenge as applied depending on the ty......
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    • Federal Cases United States Supreme Court
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    • Federal Cases United States Courts of Appeals Court of Appeals for the Second Circuit
    • April 23, 1979
    ...United States, 378 F.2d 588, 594 (9th Cir. 1967); Pope v. United States, 372 F.2d 710, 726-27 (8th Cir. 1967), Vacated on other grounds, 392 U.S. 651, 88 S.Ct. 2145, 20 L.Ed.2d 1317 (1968); Yarborough v. United States, 230 F.2d 56, 63 (4th Cir.), Cert. denied, 351 U.S. 969, 76 S.Ct. 1034, 1......
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    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eighth Circuit
    • February 9, 1990
    ...(1989); Pope v. United States, 372 F.2d 710, 727 (8th Cir.1967) (recognizing the importance of the rule requiring allocution), vacated, 392 U.S. 651, 88 S.Ct. 2145, 20 L.Ed.2d 1317 (1968). Rule 32(a)(1)(C) places the burden on the court to inquire whether the defendant desires an opportunit......
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170 cases
  • 408 U.S. 238 (1972), 69-5003, Furman v. Georgia
    • United States
    • Federal Cases United States Supreme Court
    • June 29, 1972
    ...by the Solicitor General of error revealed by the subsequently decided United States v. Jackson, 390 U.S. 570 (1968)) and remanded, 392 U.S. 651 (1968). Finally, in Page 407 v. Bishop, 398 F.2d 138 (CA8 1968), vacated and remanded, sua sponte, by the Court on grounds not raised below, 398 U......
  • 604 F.2d 121 (2nd Cir. 1979), 1051, United States v. Barnes
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Second Circuit
    • April 23, 1979
    ...United States, 378 F.2d 588, 594 (9th Cir. 1967); Pope v. United States, 372 F.2d 710, 726-27 (8th Cir. 1967), Vacated on other grounds, 392 U.S. 651, 88 S.Ct. 2145, 20 L.Ed.2d 1317 (1968); Yarborough v. United States, 230 F.2d 56, 63 (4th Cir.), Cert. denied, 351 U.S. 969, 76 S.Ct. 1034, 1......
  • 896 F.2d 295 (8th Cir. 1990), 88-2610, United States v. Walker
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    • Federal Cases United States Courts of Appeals Court of Appeals for the Eighth Circuit
    • February 9, 1990
    ...(1989); Pope v. United States, 372 F.2d 710, 727 (8th Cir.1967) (recognizing the importance of the rule requiring allocution), vacated, 392 U.S. 651, 88 S.Ct. 2145, 20 L.Ed.2d 1317 (1968). Rule 32(a)(1)(C) places the burden on the court to inquire whether the defendant desires an opportunit......
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    • February 6, 2018
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