callanan
argued
decided
january
petitioner
convicted
hobbs
act
two
counts
obstructing
interstate
commerce
extortion
conspiring
sentenced
consecutive
terms
years
count
though
sentence
one
count
suspended
replaced
probation
commence
expiration
sentence
count
sought
correction
sentence
rule
federal
rules
criminal
procedure
claiming
maximum
penalty
act
obstructing
interstate
commerce
means
years
congress
intend
subject
individuals
two
penalties
held
act
obstructing
interstate
commerce
extortion
conspiring
separate
offenses
separate
consecutive
sentences
may
imposed
offense
pp
affirmed
morris
shenker
sidney
glazer
argued
cause
filed
brief
petitioner
theodore
george
gilinsky
argued
cause
brief
solicitor
general
rankin
assistant
attorney
general
wilkey
beatrice
rosenberg
justice
frankfurter
delivered
opinion
petitioner
convicted
jury
district
eastern
district
missouri
two
counts
count
charged
conspiracy
obstruct
commerce
extorting
money
count
ii
charged
substantive
offense
obstructing
commerce
extortion
crimes
made
punishable
hobbs
act
petitioner
sentenced
consecutive
terms
twelve
years
count
sentence
count
ii
suspended
replaced
probation
commence
expiration
sentence
count
appeal
conviction
affirmed
petitioner
thereafter
sought
correction
sentence
invoking
rule
federal
rules
criminal
procedure
well
claimed
maximum
penalty
obstructing
interstate
commerce
act
means
twenty
years
congress
intend
subject
individuals
two
penalties
district
denied
relief
holding
hobbs
act
gave
indication
departure
usual
rule
conspiracy
substantive
crime
object
may
cumulatively
punished
supp
appeals
eighth
circuit
affirmed
judgment
deeming
question
raised
petitioner
sufficient
importance
brought
case
early
common
law
conspiracy
constituted
misdemeanor
said
merge
completed
felony
object
see
commonwealth
kingsbury
mass
rule
however
based
upon
significant
procedural
distinctions
misdemeanors
felonies
defendant
misdemeanor
trial
entitled
counsel
copy
indictment
advantages
unavailable
trial
felony
king
westbeer
leach
eng
see
clark
marshall
crimes
therefore
conviction
permitted
constituent
misdemeanor
upon
indictment
felony
substantive
crime
also
misdemeanor
people
mather
wend
conspiracy
defined
statute
felony
state
mayberry
merger
obtain
procedural
niceties
disappeared
merger
concept
lost
significance
today
abandoned
queen
button
eng
pinkerton
petitioner
draw
archaic
law
merger
argues
congress
combining
conspiracy
substantive
offense
one
provision
manifested
intent
punish
commission
two
offenses
cumulatively
unlike
merger
doctrine
petitioner
position
question
government
charge
conspiracy
even
substantive
crime
object
completed
concern
punitive
consequences
choice
thus
open
government
indict
either
offense
petitioner
contends
punish
one
present
hobbs
act
antecedent
act
view
restrictive
decision
local
congress
leadership
representative
hobbs
sought
stiffen
legislation
several
unsuccessful
attempts
period
four
years
bill
passed
deleted
reference
wages
paid
employer
employee
decision
local
relied
act
invigorated
increasing
maximum
penalty
ten
twenty
years
petitioner
relies
numerous
statements
members
congress
concerning
severity
penalty
illustrate
cumulative
sentences
contemplated
legislative
history
sheds
light
whatever
whether
congressmen
discussing
question
potential
sentences
whole
bill
merely
defending
maximum
punishment
specific
sections
legislative
talk
reiterates
statute
says
maximum
penalty
twenty
years
distinctiveness
substantive
offense
conspiracy
commit
postulate
law
long
consistently
recognized
commission
substantive
offense
conspiracy
commit
separate
distinct
offenses
pinkerton
see
also
pereira
years
distinction
applied
various
situations
example
clune
upheld
sentence
conspiracy
objection
crime
object
unlawful
agreement
punished
fine
result
reached
present
case
offenses
described
within
statute
carter
mcclaughry
cumulative
sentences
conspiracy
defraud
fraud
upheld
cumulative
sentences
pronounced
cumulative
punishments
single
sentence
several
offences
excess
prescribed
one
offence
may
authorized
statute
settled
principle
derives
reason
things
dealing
socially
reprehensible
conduct
collective
criminal
agreement
partnership
crime
presents
greater
potential
threat
public
individual
delicts
concerted
action
increases
likelihood
criminal
object
successfully
attained
decreases
probability
individuals
involved
depart
path
criminality
group
association
criminal
purposes
often
normally
makes
possible
attainment
ends
complex
one
criminal
accomplish
danger
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group
limited
particular
end
toward
embarked
combination
crime
makes
likely
commission
crimes
unrelated
original
purpose
group
formed
sum
danger
conspiracy
generates
confined
substantive
offense
immediate
aim
enterprise
considerations
presuppositions
separately
defined
crimes
punitive
consequences
presumably
flow
must
placed
context
congress
body
laymen
unfamiliar
commonplaces
law
legislation
formulation
two
judiciary
committees
lawyers
congress
predominately
lawyers
body
attribute
congress
tacit
purpose
absence
inconsistent
expression
maintain
distinction
offenses
essentially
different
distinction
whose
practical
importance
criminal
law
easily
overestimated
rabinowich
considerations
reinforced
prior
interpretation
sherman
act
whose
minor
penalties
influenced
enactment
legislation
american
tobacco
individual
corporate
defendants
convicted
inter
alia
conspiracy
monopolize
monopolization
made
criminal
sentenced
fine
maximum
statutory
penalty
counts
affirmed
convictions
basis
past
decisions
field
law
dislodge
conventional
consequences
outlawing
two
disparate
offenses
conspiracy
substantive
conduct
effectuate
reversal
settled
interpretation
pronounced
american
tobacco
require
specific
language
contrary
see
also
albrecht
burton
petitioner
argues
provisions
seem
overlap
justify
cumulative
punishment
separate
crimes
deduces
congressional
intent
statute
allows
punishment
one
crime
matter
many
separately
outlawed
offenses
committed
contentions
raise
problems
statutory
interpretation
substantive
sections
may
repetitive
variants
phrasing
delict
petitioner
cumulatively
punished
attempt
extort
completed
act
extortion
relevance
legal
consequences
two
incontestably
distinctive
offenses
conspiracy
completed
crime
object
american
tobacco
litigation
decided
attempt
monopolize
described
sherman
act
merged
completed
monopolization
result
qualify
holding
cumulative
sentences
conspiracy
substantive
crime
also
contained
within
demanded
governing
precepts
law
petitioner
invokes
rule
lenity
decision
case
rule
true
guide
statutory
construction
serves
aid
resolving
ambiguity
used
beget
one
rest
upon
formula
slumber
prolonged
means
death
justice
holmes
collected
legal
papers
rule
comes
operation
end
process
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congress
expressed
beginning
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consideration
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function
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credit
bell
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ladner
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lenity
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resolve
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heflin
meet
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whether
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subsidiary
provisions
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bank
robbery
act
punished
entering
intent
commit
robbery
possessing
stolen
property
merged
applied
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prosecuted
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defined
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result
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within
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shall
fined
imprisoned
twenty
years
sec
whoever
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degree
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shall
guilty
felony
sec
whoever
conspires
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acts
concert
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conviction
thereof
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years
fine
petitioner
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april
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parties
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period
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expiration
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count
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years
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rec
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judiciary
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committee
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commit
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substantially
reported
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ten
years
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house
bill
summarily
approved
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rec
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house
representatives
cong
rec
following
hearings
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bill
reported
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change
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report
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year
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obstructs
delays
affects
commerce
movement
article
commodity
commerce
robbery
extortion
attempts
conspires
commits
threatens
physical
violence
person
property
furtherance
plan
purpose
anything
violation
section
shall
fined
imprisoned
twenty
years
reliance
upon
american
tobacco
seems
misplaced
discussion
multiple
punishment
opinion
response
contention
congress
double
jeopardy
provision
fifth
amendment
impose
multiple
punishment
substantive
conduct
conspiracy
moreover
decide
meaning
act
upon
basis
congress
may
provided
another
statute
seem
dubious
way
resolve
issue
cf
bell