# United States v. Howard Taft Kalsbeck and Howard Kelly

> Court of Appeals for the Sixth Circuit · July 2, 1980 · 625 F.2d 123

URL: https://www.frixlaw.com/law-library/cases/380057

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Howard Taft KALSBECK and Howard Kelly, Defendants-Appellants
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** July 2, 1980
- **Citations:** 625 F.2d 123; 1980 U.S. App. LEXIS 16029
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Edwards, En-Gel, Peck, Per Curiam
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/380057

## Opinion text

PER CURIAM.
These two defendants entered pleas of guilty to three counts involving theft of
*124
money from a Wells Fargo truck and interstate transportation thereof in violation of 18 U.S.C. §§ 659 and 2314. After having entered their pleas and found that they had been sentenced to consecutive sentences on the above counts and were faced each with 18 years in the federal penal system, due partly to a consecutive sentence on still another count which is not involved in this appeal, their appeal is directed at the proposition that they are being punished twice for the same offense.
It is conceded that they both robbed the Wells Fargo truck and drove the proceeds to New York State. In our opinion, it was permissible for the United States to charge both of these acts as separate offenses and penalize them separately.
See Blockburger v. United States,
284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932) and
Brown v. Ohio,
432 U.S. 161 , 97 S.Ct. 2221 , 53 L.Ed.2d 187 (1977).
The judgments of conviction are affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/380057. Public record. Not legal advice.