Criminal Procedure keyed to Israel
United States v. Batchelder
Facts
The Omnibus Crime Control and Safe Streets Act of 1968 banned felons from having firearms with one provision giving a maximum five-year penalty to anyone previously convicted of a felony who received firearms in interstate commerce. The other provision prohibited felons from possessing firearms, and that provision had a maximum penalty of only two years. Previously convicted felon respondent Milton Batchelder obtained a gun through interstate commerce and was prosecuted and convicted on the arm of the act granting a five-year penalty. The respondent appealed, arguing that the two provisions were redundant and that he should get the lesser penalty, and the Court of Appeals affirmed his conviction. They decided though that the penalty structure was possibly void for vagueness, and thus remanded his case for re-sentencing under the more lenient provision. The government was then granted certiorari.
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