WHEELER

v.

UNITED STATES

Citator

Cited By (42 total)

• Missouri v. Hunter, 459 U.S. 359 (U.S. 1983)
  …utes a formal judgment of condemnation by the community, each additional conviction imposes an additional stigma and causes additional damage to the defendant’s reputation. See O’Clair v. United States, 470 F. 2d 1199, 1203 (CA1 1972), cert. denied, 412 U. S. 921 (1973). A statutory scheme that permits the prosecution to obtain two convictions and two sentences therefore cannot be regarded as the equivalent of a statute that permits only a single conviction, whether or not that single conviction can result…
• United States v. Whitten, 706 F.2d 1000 (9th Cir. 1983)
  …s v. Coplen, 541 F. 2d 211, 214-15 (9th Cir.1976), cert. denied, 429 U.S. 1073, 97 S.Ct. 810, 50 L.Ed.2d 791 (1977) (interior of airplane visible from parking lot of airport); United States v. Fisch, 474 F. 2d 1071, 1076-77 (9th Cir.), cert. denied, 412 U.S. 921, 93 S.Ct. 2742, 37 L.Ed.2d 148 (1973) (conversation audible in adjoining motel room). Here, as the trial judge found, the volume on the device was turned up so high that it could be heard outside as well as inside the house. A different question is…
• United States v. Eatherton, 519 F.2d 603 (1st Cir. 1975)
  …er requires our attention, however. The double conviction and sentences under the Bank Robbery Act, 18 U.S.C. §§ 2113(a) and (d), for a single crime constitute plain error under O’Clair v. United States, 470 F. 2d 1199 (1st Cir. 1972), cert. denied, 412 U.S. 921, 93 S.Ct. 2741, 37 L.Ed.2d 148 (1973). We vacate the judgment in its present form and remand to the district court for entry of a new judgment embodying the conviction and sentence under Count 2 only. So ordered. . The Bureau of Identification off…