LOCATION:Georgia State Capitol
DOCKET NO.: 74-1141
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the Fifth Circuit
CITATION: 424 US 544 (1976)
ARGUED: Dec 15, 1975
DECIDED: Mar 03, 1976
Mr. Andrew L. Frey – for petitioner
Tommy Day Wilcox – for respondents, Pro hac vice, by special leave of Court
Media for United States v. Gaddis
Audio Transcription for Opinion Announcement – March 03, 1976 in United States v. Gaddis
The second opinion and judgment that I am authorized to announce this morning is that in number 74-1141, United States against Gaddis, a case which is here on writ of certiorari to the United States Court of Appeals for the Fifth Circuit as well as the last.
The respondents in this case, Gaddis and his co-respondent, were convicted in a Federal district court of bank robbery and also convicted of receiving the proceeds of the same robbery.
The Court of Appeals set aside the judgments of conviction and reminded the case for a new trial and we granted the government’s petition for a writ of certiorari.
We hold that the Court of Appeals was correct in holding that a person cannot be convicted and punished for robbing a bank and separately convicted and punished for receiving the proceeds of the same robbery.
We further hold that a new trial is not necessary to correct the District Court’s error in this case.
Accordingly the judgment of the Court of the Appeals is vacated and the case is remanded to that court for further proceedings consistent with the written opinion of the Court, filed today.
Mr. Justice White has filed a concurring opinion which the Chief Justice has joined and as in the last case, Mr. Justice Stevens took no part in the consideration or decision of this case.
Warren E. Burger:
Thank you, Mr. Justice Stewart.