Mcfarland v. Pickett

Petitioner pleaded guilty to three counts of an information. Count II charged him with engaging in the business of dealing in firearms without a license in violation of 18 U.S.C. § 922(a)(1), and Counts III and IV charged him with concealing and storing stolen firearms moving in interstate commerce in violation of 18 U.S.C. § 922(j). Each of the latter two counts involved the concealment of a separate weapon. McFarland was sentenced to a maximum term of fifteen years on September 29, 1969. On January 20, 1970, petitioner's sentence was modified and he received a total of ten years, composed of five years on Count II, three years on Count III, and two years on Count IV. Petitioner then filed a motion to vacate sentence under 28 U.S.C. § 2255, alleging that the consecutive sentences imposed under Counts III and IV of the information were impermissible. The district court dismissed the motion and petitioner has appealed. 18 U.S.C. § 922(j) makes it unlawful ""for any person to receive, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, . . . which is a part of . . . interstate or foreign commerce, knowing or having reasonable cause to believe that the firearm or ammunition was stolen."" Petitioner argues that under Bell v. United States, 349 U.S. 81, 75 S. Ct. 620, 99 L. Ed. 905 (1955), he could not receive multiple punishment for what was in effect only one offense. We agree.