Summary
In Strother v. United States, 387 F.2d 385, 386 (5th Cir. 1967), cert. denied, 391 U.S. 971, 88 S.Ct. 2038, 20 L.Ed.2d 886 (1968), the Court rejected appellant's argument that his conviction entered upon his plea of guilty to two counts of an indictment amounted to double jeopardy in violation of the Fifth Amendment, in that the two counts of the indictment constituted but one offense.
Summary of this case from Gilbert v. United StatesOpinion
No. 25090.
December 21, 1967.
Obie Diah Strother, pro se.
Robert E. Hauberg, U.S. Atty., E. Donald Strange, Asst. U.S. Atty., Jackson, Miss., for appellee.
This appeal is from the denial of a motion to withdraw a guilty plea entered on October 10, 1963 for a violation of 18 U.S.C. § 2313. Appellant pled guilty to transporting a stolen vehicle in interstate commerce in violation of 18 U.S.C. § 2312 and to concealing that same vehicle in violation of 18 U.S.C. § 2313. He alleges that these two counts of the indictment constituted but one offense and that conviction on both counts amounted to double jeopardy in violation of the Fifth Amendment. This argument is foreclosed by Woody v. United States, 6 Cir. 1957, 258 F.2d 535, affirmed 359 U.S. 118, 79 S.Ct. 721, 3 L. Ed.2d 673, rehearing denied 359 U.S. 985, 79 S.Ct. 939, 3 L.Ed.2d 934.
The decision of the district court denying the motion to withdraw guilty plea is hereby affirmed.