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Ashcraft v. United States

Ashcraft v. United States, 361 U.S. 925 (1959)
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Court
Supreme Court of the United States
Decided
December 14, 1959
Docket
No. 288
Judges
Black, Douglas
Citations
361 U.S. 925

Opinion of the Court

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C. A. 9th Cir. Certiorari denied.

Dissent — Blackdouglas

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Mr. Justice Black and Mr. Justice Douglas,

dissenting.

The Fifth Amendment provides that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb . . . In this connection it seems appropriate to us to place on record- the facts of this case in which certiorari is denied. Ashcraft was convicted of robbery in violation of California laws and given a sentence of five years to life imprisonment. Now the United States has convicted him of precisely the same robbery and sentenced him to prison for 25 years. We are still unable to believe such a second punishment for one crime is either fair or consistent with the Fifth Amendment's prohibition against double jeopardy. See the dissents in Abbate v. United States, 359 U. S. 187, 201 ; Bartkus v. Illinois, 359 U. S. 121, 150 ; Gore v. United States, 357 U. S. 386, 395-397 .

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Cited by 0 cases

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Authorities cited 3

DepthCaseCited by
Bartkus v. Illinois, 359 U.S. 121 (1959) 888
Gore v. United States, 357 U.S. 386 (1958) 681
Abbate v. United States, 359 U.S. 187 (1959) 679

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