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Gore v. United States, 357 U.S. 386 (1958)
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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.
Gore v. United States, 357 U.S. 386 (1958)
Gore v. United States No. 668 Argued May 19, 1958 Decided June 30, 1958 357 U.S. 386
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
Convicted in a federal court on six counts for violating three different sections of federal law by a single sale of narcotics on each of two different days, petitioner was sentenced to three consecutive terms for each day’s sale, the terms for each day’s sale to run concurrently with those for the other day’s sale. He moved under 28 U.S.C. § 2255 to vacate the sentences as unlawful.
Held: The sentences were not unlawful. Pp. 387-393.
(a) The Court adheres to the decision in Blockburger v. United States, 284 U.S. 299. Pp. 388-393.
(b) Though the three sections here involved grew out of a single purpose to outlaw nonmedicinal sales of narcotics, they grew out of three different laws enacted at different times, for each of which Congress has provided a separate punishment, and Congress did not intend that violations of all three should be treated as a single offense when committed through a single sale. Pp. 390-391.
(c) Bell v. United States, 349 U.S. 81, distinguished. Pp. 391-392.
(d) The result here reached does not offend the constitutional prohibition of double jeopardy. Pp. 392-393.
(e) The question of policy involved is for Congress to decide, and this Court has no power to increase or reduce sentences for such offenses. P. 393.
100 U.S.App.D.C. 315, 244 F. 2d 763, affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Gore v. United States, 357 U.S. 386 (1958) in 357 U.S. 386 357 U.S. 387. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=LGZ4SD1RRBTUFX3.
MLA: U.S. Supreme Court. "Syllabus." Gore v. United States, 357 U.S. 386 (1958), in 357 U.S. 386, page 357 U.S. 387. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=LGZ4SD1RRBTUFX3.
Harvard: U.S. Supreme Court, 'Syllabus' in Gore v. United States, 357 U.S. 386 (1958). cited in 1958, 357 U.S. 386, pp.357 U.S. 387. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=LGZ4SD1RRBTUFX3.
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