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Pope v. United States

U.S.
Jun 17, 1968
392 U.S. 651 (1968)

Summary

In Pope, the Court vacated a death sentence imposed on a conviction of 18 U.S.C. § 2113(e) in light of the Solicitor General's concession that the death penalty provision "suffers from the same constitutional infirmity" that afflicted the Federal Kidnaping Act.

Summary of this case from Coon v. United States

Opinion

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT.

No. 34, Misc.

Decided June 17, 1968.

Certiorari granted; 372 F.2d 710, vacated and remanded.

Wallace M. Rudolph for petitioner.

Solicitor General Griswold, Assistant Attorney General Vinson, Ralph S. Spritzer, Beatrice Rosenberg, and Jerome M. Feit for the United States.


The petitioner was convicted by a jury and sentenced to death under the Federal Bank Robbery Act, 18 U.S.C. § 2113 (e). The Solicitor General has filed a memorandum for the United States conceding that this death penalty provision "suffers from the same constitutional infirmity" as that found in the Federal Kidnaping Act, 18 U.S.C. § 1201 (a). United States v. Jackson, 390 U.S. 570. Accordingly, the Solicitor General concedes that the petitioner's "sentence must be vacated and the cause remanded . . . for resentencing." In light of this concession and upon an independent examination of the record, but without reaching any of the petitioner's other claims, the motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted, the judgment is vacated, and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further proceedings consistent with this opinion.

MR. JUSTICE BLACK and MR. JUSTICE WHITE dissent for the reasons stated in the dissenting opinion of MR. JUSTICE WHITE in United States v. Jackson, 390 U.S. 570, 591.

MR. JUSTICE BLACK dissents for the further reasons stated in his dissenting opinion in Lopinson v. Pennsylvania, ante, p. 648.


Summaries of

Pope v. United States

U.S.
Jun 17, 1968
392 U.S. 651 (1968)

In Pope, the Court vacated a death sentence imposed on a conviction of 18 U.S.C. § 2113(e) in light of the Solicitor General's concession that the death penalty provision "suffers from the same constitutional infirmity" that afflicted the Federal Kidnaping Act.

Summary of this case from Coon v. United States

In Pope the Supreme Court, on the authority of Jackson and the Solicitor General's concession vacated a death sentence imposed under the Federal Bank Robbery Act, 18 U.S.C.A. 2113(e).

Summary of this case from Alford v. State of North Carolina

In Pope, the petitioner had been convicted by a jury and sentenced to death under the Federal Bank Robbery Act, 18 U.S.C. § 2113(e).

Summary of this case from Lone v. United States
Case details for

Pope v. United States

Case Details

Full title:POPE v . UNITED STATES

Court:U.S.

Date published: Jun 17, 1968

Citations

392 U.S. 651 (1968)

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