Levine v. United States, 383 U.S. 265 (1966)

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE FIFTH CIRCUIT

Syllabus

Petitioners were found guilty by a jury on each count of a ten-count indictment, of which the first count was a conspiracy charge and the remaining counts were charges of substantive offenses. The Court of Appeals affirmed the conspiracy convictions, and, with some exceptions, the convictions for the substantive offenses.

Held: in view of the Solicitor General’s concessions that an individual cannot be held criminally able for substantive offenses committed before he joined or after he had withdrawn from the conspiracy, and that some of the convictions for substantive offenses here must accordingly be reversed, and, upon consideration of the entire record, the judgment of the Court of Appeals is vacated insofar as it affirms petitioners’ convictions for substantive offenses and remanded to reverse the convictions the Solicitor General concedes must be reversed and to determine whether petitioners are entitled to any further relief regarding the convictions for substantive offenses.

Certiorari granted; 342 F. 2d 147, vacated and remanded.