364 US 661 Kimbrough v. United States

364 U.S. 661

81 S.Ct. 390

5 L.Ed.2d 362

Vernon KIMBROUGH, petitioner,
v.
UNITED STATES.

No. 128.

Supreme Court of the United States

January 16, 1961

Rehearing Denied Feb. 20, 1961.

See 365 U.S. 825, 81 S.Ct. 688.

Mr. Edward L. Barrett, Jr., Oakland, Cal., for petitioner.

Mr. Bruce J. Terris, Washington, D.C., for respondent.

On Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit.

PER CURIAM.

1

We brought this case here to consider whether cumulative sentences can validly be imposed upon conviction under the National Motor Vehicle Theft Act, 18 U.S.C.A. §§ 10, 2311-2313, for transporting a stolen automobile in interstate commerce and for receiving, concealing, and storing the same automobile, in a continuing criminal transaction. After oral argument and a more thorough consideration of the record than was afforded when the petition for certiorari was granted, we have concluded that this question is not presented with sufficient clarity in this case. Accordingly, the writ is dismissed.