Opinion · Court of Appeals for the Fifth Circuit

United States v. Nathaniel Parker, Jr.

United States v. Nathaniel Parker, Jr., 454 F.2d 1164 (5th Cir. 1972)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1972-01-27
Topic
litigation

PER CURIAM: Appellant Parker was found guilty under Counts One and Two of a six-count indictment charging him, along with four other individuals, with violations of Section 659, Title 18, U.S.C. Count One of the indictment charged Parker with theft from an interstate shipment, and Count Two charged him with unlawful possession of the interstate chattels. Parker was committed to the custody of the Attorney General for three years on each of the two counts, and the execution of the sentence was ordered to run concurrently under the provisions of Title 18, U.S.C., Section 4208(a) (2). Appellant seeks only by this appeal to review the conviction under Count One, asserting insufficiency of evidence to sustain conviction on this count. Appellant does not appeal from the verdict under Count Two.

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Cited by
2 opinions
UNITED STATES v. PARKER,454 F.2d 1164(5th Cir. 1972)
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. NATHANIEL PARKER, JR.,
DEFENDANT-APPELLANT.
No. 71-2480.
Summary Calendar.fn*
United States Court of Appeals, Fifth Circuit.
January 27, 1972.
Lenwood A. Jackson (Ct. apptd.) Atlanta, Ga., for defendant-appellant.

John W. Stokes, Jr., U.S. Atty., Robert L. Smith, George H. Connell, Jr., Asst. U.S. Attys., Atlanta, Ga., for plaintiff-appellee.
Appeal from the United States District Court for the Northern District of Georgia.
Before THORNBERRY, MORGAN and CLARK, Circuit Judges.
PER CURIAM:
[1] Appellant Parker was found guilty under Counts One and Two of a six-count indictment charging him, along with four other individuals, with violations of Section 659, Title 18, U.S.C. Count One of the indictment charged Parker with theft from an interstate shipment, and Count Two charged him with unlawful possession of the interstate chattels. Parker was committed to the custody of the Attorney General for three years on each of the two counts, and the execution of the sentence was ordered to run concurrently under the provisions of Title 18, U.S.C. Section 4208(a)(2). Appellant seeks only by this appeal to review the conviction under Count One, asserting insufficiency of evidence to sustain conviction on this count. Appellant does not appeal from the verdict under Count Two.

[2] Since appellant does not challenge the jury verdict on Count Two, it is unnecessary for this court to consider the sufficiency of the evidence as to Count One. It is well established that "where the evidence is sufficient to support a conviction on one count,Page 1165and the total sentence imposed does not exceed the maximum which may be imposed under that count", it is unnecessary for the reviewing court to consider the evidence on the remaining counts. Barenblatt v. United States,360 U.S. 109,79 S.Ct. 1081,3 L.Ed.2d 1115; Holt v. United States,288 F.2d 447(5 Cir. 1961).

[3] The judgment of the court below is

[4] Affirmed.
  1. Rule 18, 5th Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York, et al., 5 Cir. 1970,431 F.2d 409, Part I. ↩