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CALLANAN V. UNITED STATES, 364 U. S. 587 (1961)

U.S. Supreme Court

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


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. 364 U. S. 587-597.

274 F.2d 601 affirmed.

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