CONTRERAS

v.

MICHIGAN

Citator

Cited By (11 total)

• Cardova Lawary v. United States, 599 F.2d 218 (7th Cir. 1979)
  …would, in a real sense, be extending his time for appeal.” Arrington v. United States, 425 F. 2d 244 (7th Cir. 1970), cert. denied 400 U.S. 835, 91 S.Ct. 72, 27 L.Ed.2d 68, citing McGann v. United States, 261 F. 2d 956 (4th Cir. 1958), cert. denied 359 U.S. 974, 79 S.Ct. 891, 3 L.Ed.2d 841 and Burns v. United States, 229 F. 2d 87 (8th Cir. 1956), cert. denied 351 U.S. 910, 76 S.Ct. 703, 100 L.Ed. 1445. In our case, however, Lawary’s second § 2255 motion was not dismissed on the grounds that it raised issue…
• Smith v. COX, 435 F.2d 453 (4th Cir. 1970)
  …ents necessary for conviction under one statutory provision are also necessary elements under the other. Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932); McGann v. United States, 261 F. 2d 956 (4 Cir. 1958), cert. den., 359 U.S. 974, 79 S.Ct. 891, 3 L.Ed.2d 841 (1959). See also Gore v. United States, 357 U.S. 386, 78 S.Ct. 1280, 2 L.Ed.2d 1405 (1958). Even in that case, the accused does not suffer double jeopardy unless he is convicted and sentenced under both statutes for…
• Downey v. Peyton, 451 F.2d 236 (4th Cir. 1971)
  …transaction where each offense rests on different necessary elements. It was declared, relying on Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932), and McGann v. United States, 261 F. 2d 956 (4 Cir. 1958), cert. denied, 359 U.S. 974, 79 S.Ct. 891, 3 L.Ed.2d 841 (1959), that the clause is infringed only if all the components of a crime defined under one statute must also be proved to convict under another. “[T]he test to be applied * * * is whether each provision requires proof…