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Heflin v. United States, 358 U.S. 415 (1959)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Heflin v. United States, 358 U.S. 415 (1959)
Heflin v. United States No. 137 Argued January 14-15, 1959 Decided February 24, 1959 358 U.S. 415
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
Petitioner was indicted and convicted on three counts charging violations of the Federal Bank Robbery Act, 18 U.S.C. § 2113, by taking property by force and violence and assaulting and jeopardizing the lives of several persons in the course of the taking, in violation of § 2113(d), receiving the stolen property, in violation of § 2113(c), and conspiring to violate the Act. He was sentenced to 10 years’ imprisonment on the first of these counts, three years on the conspiracy count, and a year and a day on the count charging receipt of the stolen property, the three sentences to run consecutively. While still in custody under the admittedly valid 10-year sentence, he moved for correction of the sentence, claiming that he could not be lawfully convicted under both subsection (c) and (d) of § 2113 for feloniously receiving and feloniously taking the same property.
Held:
1. Relief under 28 U.S.C. § 2255 is available only to attack a sentence under which the prisoner is in custody, but relief was available to petitioner under Rule 35 of the Federal Rules of Criminal Procedure, which authorizes the correction of an illegal sentence "at any time." Pp. 417-418.
2. The separate sentence under 18 U.S.C. § 2113(c) for receiving the stolen property was invalid, since that subsection was not designed to increase the punishment for one who robs a bank, but only to provide punishment for those who receive the loot from the robber. Prince v. United States, 352 U.S. 322. Pp. 419-420.
251 F.2d 69, reversed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Heflin v. United States, 358 U.S. 415 (1959) in 358 U.S. 415 358 U.S. 416. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=8XCAMKBTSMJA1PQ.
MLA: U.S. Supreme Court. "Syllabus." Heflin v. United States, 358 U.S. 415 (1959), in 358 U.S. 415, page 358 U.S. 416. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=8XCAMKBTSMJA1PQ.
Harvard: U.S. Supreme Court, 'Syllabus' in Heflin v. United States, 358 U.S. 415 (1959). cited in 1959, 358 U.S. 415, pp.358 U.S. 416. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=8XCAMKBTSMJA1PQ.
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