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Rutledge Vs. United States

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  • US Supreme Court
  • Mar 27, 1996

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65 entries 8 linked 57 unlinked
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  2. Missouri Vs. Hunter US Supreme Court · Jan 19, 1983
  3. United States Vs. Fernandez US Supreme Court · Jan 01, 1836
  4. United States Vs. Chambers US Supreme Court · Feb 05, 1934
  5. United States Vs. Ward US Supreme Court · Jun 27, 1980
    Distinguished
  6. Morris Vs. Mathews US Supreme Court · Feb 26, 1986
  7. United States Vs. Bond US Supreme Court · Jan 23, 1888
  8. United States Vs. Felix US Supreme Court · Jan 14, 1992
  9. Rutledge v. United
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  10. States - 517 U.S. 292 (1996) October Term, 1995 Syllabus Rutledge V. United
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  11. on each count. The Seventh Circuit affirmed, relying on Jeffers v. United
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  12. offenses is whether each of the statutory provisions requires proof of a fact which the other does not. Blockburger v. United
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  13. special assessment was imposed on it. Cf. Ray v. United
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  14. Even if the assessment were ignored, the force of 293 the Government's argument would be limited by Ball v. United
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  15. by the federal appellate courts, which have uniformly concluded-with this Court's approval, see, e. g., Morris v. Mathews
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  16. Court of Appeals nonetheless affirmed his convictions and sentences. Relying on its earlier decision in United States v. Bond
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  17. F.2d 1233 , 1238 (1988), and our decision in Jeffers v. United
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  18. on both counts but permitting only one sentence rather than the concurrent sen- 4 See, e. g., United States v. Rivera-Martinez
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  19. United States v. Neal
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  20. United States v. Paulino
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  21. United States v. Possick
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  22. United States v. Hernandez-Escarsega
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  23. United States v. Stallings
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  24. United States v. Cruz
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  25. United States v. Anderson
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  26. Brown v. Ohio
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  27. a legislature does not intend to impose two punishments for that offense. Whalen v. United
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  28. Ball v. United
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  29. by applying the rule set forth in Blockburger v. United
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  30. typically because one is a lesser included offense of the other. 6 5 United States v. Aiello
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  31. F.2d 125 , 128-129 (CA3 1990), cert. denied, 500 U. S. 948 (1991). 6 See, e. g., Ball v. United
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  32. Whalen v. United
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  33. the eeE offense might be satisfied by something less. The Government advanced this precise argument in Jef fers v. United
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  34. only one Justice. Id., at 158 (White, J., concurring). The position was rejected, to varying degrees, by the v. United
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  35. U. S., at 147. The Government relied on Iannelli v. United
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  36. F.2d 1253 , 1268 (CA6 1991), cert. denied, 502 U. S. 1112, sub nom. Lucas v. United
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  37. United States v. Graziano
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  38. F.2d 691 , 699 (CAll 1983). 12 Garrett v. United
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  39. stands, a second conviction will amount to a second punishment. Cf. Ray v. United
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  40. assessment as the Government requests, the force of its argument would nonetheless be limited by our decision in Ball v. United
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  41. conspiracy-like crimes and the substantive offenses upon which they are predicated. See, e. g., United States v. Felix
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  42. in Garrett, this case involves two conspiracy-like offenses directed at largely identical conduct. Jeffers v. United
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  43. the defendant's credibility and certainly carries the societal stigma accompanying any criminal conviction. See Benton v. Maryland
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  44. Sibron v. New
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  45. Garrett v. United
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  46. divided court-a judgment not entitled to precedential weight no matter what reasoning may have supported it. See Neil v. Biggers
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  47. and 848 indicates that Congress understood them to be directed to similar, rather than separate, evils. Cf. Albernaz v. United
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  48. That overlap is enough to conclude, absent more, that Congress did not intend to allow punishments for both. 305 v Finally
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  49. included offenses, for which the courts have already developed rules to avoid the perceived danger. In Tinder v. United
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  50. Austin v. United
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