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GORE V. UNITED STATES, 357 U. S. 386 (1958)

U.S. Supreme Court

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


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. 357 U. S. 387-393.

(a) The Court adheres to the decision in Blockburger v. United States, 284 U. S. 299. Pp. 357 U. S. 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. 357 U. S. 390-391.

(c) Bell v. United States, 349 U. S. 81, distinguished. Pp. 357 U. S. 391-392.

(d) The result here reached does not offend the constitutional prohibition of double jeopardy. Pp. 357 U. S. 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. 357 U. S. 393.

100 U.S.App.D.C. 315, 244 F. 2d 763, affirmed.

Page 357 U. S. 387

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