Simpson v. United States

PETITIONER: Simpson
RESPONDENT: United States
LOCATION: Exxon Headquarters

DOCKET NO.: 76-5761
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the Sixth Circuit

CITATION: 435 US 6 (1978)
ARGUED: Nov 01, 1977
DECIDED: Feb 28, 1978

ADVOCATES:
H. Bartow Farr, III -
Robert W. Willmott, Jr. -

Facts of the case

Question

Media for Simpson v. United States

Audio Transcription for Oral Argument - November 01, 1977 in Simpson v. United States

Audio Transcription for Opinion Announcement - February 28, 1978 in Simpson v. United States

Warren E. Burger:

The judgment and opinion of the court in Simpson against United States to related cases, will be announced by Mr. Justice Brennan.

William J. Brennan, Jr.:

The petitioners in this case were convicted of committing a bank robbery with firearms.

And in consequence they were given enhanced sentences under statute that provides for enhanced sentences for bank robberies I quote the statute "by the use of a dangerous weapon or device.”

But there is another statute that provides generally that it is a crime to use a firearms to commit any felony prosecutable in a court of the United States.

The petitioners at the same trial were also convicted and sentenced to consecutive sentences under that statute.

The Court of Appeals for the Sixth Circuit affirmed the conviction, but we reverse.

We hold that in a prosecution going out of a single bank robbery with firearms and accused may not be sentenced under both the enhancement provision of the bank robbery statute and under the Firearm statute.

Mr. Justice Rehnquist dissents has filed a dissenting opinion.

Warren E. Burger:

Thank you, Mr. Justice Brennan.