Is a sentence for conspiracy to commit a crime against a federal government employee a violation of the fifth amendment double punishment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Kearney, 560 F.2d 1358 (9th Cir. 1977):
Appellants challenge their consecutive sentences for the conspiracy and the substantive offenses as a violation of the fifth amendment double punishment prohibition. In support of this argument, they cite United States v. Austin, 529 F.2d 559 (6th Cir. 1976), which held that the Constitution forbids consecutive sentences where they are imposed for essentially the same offenses proven by the same evidence.
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