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Callanan v. United States, 364 U.S. 587 (1961)
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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.
Callanan v. United States, 364 U.S. 587 (1961)
Callanan v. United States No. 47 Argued November 15-16, 1960 Decided January 9, 1961 364 U.S. 587
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
Petitioner was convicted under the Hobbs Anti-Racketeering Act, 18 U.S.C. § 1951, on two counts, for obstructing interstate commerce by extortion and for conspiring to do so. He was sentenced to consecutive terms of 12 years on each count, though the sentence on one count was suspended and replaced with a five-year probation to commence at the expiration of the sentence on the other count. He sought a correction of the sentence under Rule 35 of the Federal Rules of Criminal Procedure, claiming that the maximum penalty under the Act for obstructing interstate commerce by any means is 20 years, and that Congress did not intend to subject individuals to two penalties.
Held: under the Act, obstructing interstate commerce by extortion and conspiring to do so are separate offenses; separate consecutive sentences may be imposed for each offense. Pp. 587-597.
274 F.2d 601 affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Callanan v. United States, 364 U.S. 587 (1961) in 364 U.S. 587 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=RXUNRKL2I6MZTCJ.
MLA: U.S. Supreme Court. "Syllabus." Callanan v. United States, 364 U.S. 587 (1961), in 364 U.S. 587, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=RXUNRKL2I6MZTCJ.
Harvard: U.S. Supreme Court, 'Syllabus' in Callanan v. United States, 364 U.S. 587 (1961). cited in 1961, 364 U.S. 587. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=RXUNRKL2I6MZTCJ.
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