Friday, November 15, 2013

Braverman v. United States case brief

Braverman v. United States case brief summary
317 U.S. 49 (1942)


CASE SYNOPSIS
Defendants sought a writ of certiorari to review a decision of the Circuit Court of Appeals for the Sixth Circuit in which the circuit court affirmed defendants' eight year sentences for convictions upon multiple counts of an indictment each charging conspiracy, in violation of § 37 of the Criminal Code, 18 U.S.C.S. § 88, to violate a separate internal revenue law where the maximum sentence for a single violation of the statute was two years.

CASE FACTS
Defendants were indicted on seven counts each charging a conspiracy, in violation of § 37 of the Criminal Code, 18 U.S.C.S. § 88, the conspiracy statute, to violate a separate internal revenue law. The trial judge submitted the case to the jury on the theory that the seven counts charged as distinct offenses were the several illegal objects of one continuing conspiracy, and that if the jury found a conspiracy it could find defendants guilty of as many offenses as it had illegal objects. Further, for each such offense the two-year statutory penalty could be imposed.

PROCEDURAL HISTORY
The jury found defendants guilty, the trial court sentenced each to eight years imprisonment, and the appeals court affirmed.

DISCUSSION

  • Defendants sought a writ of certiorari and the court reversed and remanded for resentencing explaining that the single agreement was the prohibited conspiracy. 
  • However diverse its objects, the agreement violated only the conspiracy statute. 
  • Accordingly, only the single penalty prescribed by the statute could be imposed. 
  • Further the statute of limitations for offenses arising under the conspiracy statute where the object was to attempt to evade or defeat any tax or payment thereof was six years.

CONCLUSION

The court reversed the judgment and remanded the cause to the district court for defendants to be resentenced, explaining that the single agreement was the prohibited conspiracy.

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