KING
v.
UNITED STATES
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The court held that the petitioner's guilty pleas admitted the facts charged, and the counts in the indictment charged separate and distinct offenses, thus the sentences were not void.
The petitioner pleaded guilty to five counts of selling narcotics. He later filed for a writ of habeas corpus, alleging that the sentences on counts t…
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PHILLIPS, Chief Judge.
This is an appeal from an order dismissing an application for a writ of ha-beas corpus filed by King.
King was charged by an indictment containing five counts, returned in the District Court of the United States for the Western District of Missouri. The first count charged that King on September 2, 1949, in the Western District of Missouri, did unlawfully sell one-half grain of heroin, a derivative of opium, and one grain of cocaine, a derivative of coca leaves, the same not then and there being sold in pursuance of a written order of the person to whom sold, On a form issued in blank for that purpose by the Secretary of the Treasury of the United States. Counts two, three, four and five charged hke offenses al-kged to have been committed m such District on September 21, 1949, Septena-ber 21 1949, September 22, 1949, and September 25, 1949, respectively.
King pleaded guilty to each count of the indictment. He was sentenced to imprisonment for a term of five years on count one and a term of five years on count two to begin at the expiration of the sentence imposed on count one, and for terms of five years on each of counts three, four, and five to run concurrently with each other and with the sentence imposed on count one.
As ground for the writ, King alleged in his application that he had served the sentence imposed on count one and that the sentences imposed on counts two, three, four, and five were void, in that the offense charged in count one and the offenses charged in counts two, three, four, and five were identical.
King wholly failed to allege any facts showing that the remedy by motion under 28 U.S.C.A. § 2255 was inadequate or ineffective to test the legality of his detention.
Moreover, by his pleas of guilty he admitted the facts charged in the several counts of the indictment,1 and each count, particularly counts one and two, the crucial counts here, charged separate and distinct offenses.2
Affirmed.
. Godish v. United States, 40 Cir., 182 F. 2d 842; Norris v. Hudspeth, 10 Cir., 114 F. 2d 1007.
. See Blockbnrger v. United States, 284 U.S. 299, 301, 302, 52 S.Ct. 180, 76 L.Ed. 806.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dial v. United States, 295 F.2d 339 (7th Cir. 1961)
Authorities Cited
- Blockburger v. United States, 284 U.S. 299 (U.S. 1932)
- Norris v. Hudspeth, 114 F.2d 1007 (10th Cir. 1940)
- Nat'l Labor Relations Bd. v. Vt. Am. Furniture Corp., 182 F.2d 842 (2d Cir. 1950)