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UNITED STATES v. BATCHELDER

No. 78-776.

442 U.S. 114 (1979)

99 S.Ct. 2198

60 L.Ed.2d 755

UNITED STATES v. BATCHELDER.

Supreme Court of United States.

Decided June 4, 1979.

Attorney(s) appearing for the Case

Andrew J. Levander argued the cause for the United States pro hac vice. With him on the brief were Solicitor General McCree, Assistant Attorney General Heymann, Deputy Solicitor General Frey, Sidney Glazer, and Frank J. Marine.

Charles A. Bellows argued the cause for respondent. With him on the brief were Jason E. Bellows and Carole K. Bellows.

MR. JUSTICE MARSHALL delivered the opinion of the Court.

At issue in this case are two overlapping provisions of the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act).1 Both prohibit convicted felons from receiving firearms, but each authorizes different maximum penalties. We must determine whether a defendant convicted of the offense carrying the greater penalty may be sentenced...

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