The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, November 27, 1995
Decision: Wednesday, March 27, 1996
Issues: Federal Rules of Criminal Procedure, Conspiracy

Advocates

James A. Feldman (Argued the cause for the United States)
Barry Levenstam (Argued the cause for the petitioner)

Facts of the Case

Tommy L. Rutledge was found guilty of conspiracy to distribute controlled substances and of conducting a continuing criminal enterprise. The District Court convicted Rutledge on both counts. It sentenced him to life imprisonment without possible release on each count. The sentences were to be served concurrently. The Court of Appeals affirmed. It rejected Rutledge's argument that his convictions and concurrent life sentences punished him twice for the same offense.

Question

Can a criminal be given concurrent life sentences for conspiring to distribute drugs and operating a continuing criminal enterprise?

Conclusion

No. In a unanimous decision, announced by Justice John Paul Stevens, the Court ruled one of the two sentences must be dropped. Both of the offenses were based on the same criminal act. Justice Stevens wrote, "A guilty verdict on a (continuing criminal enterprise) charge necessarily includes a finding that the defendant also participated in a conspiracy."

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 9 votes for Rutledge, 0 vote(s) against
Legal Provision: 21 U.S.C. 848
Wrote the majority opinion
Stevens
Voted with the majority
Breyer
Voted with the majority
Ginsburg
Voted with the majority
Souter
Voted with the majority
Kennedy
Voted with the majority
O'Connor
Voted with the majority
Rehnquist
Voted with the majority
Scalia
Voted with the majority
Thomas
Full Opinion by Justice John Paul Stevens

Cite this page

The Oyez Project, Rutledge v. United States, 517 U.S. 292 (1996),
available at: <http://www.oyez.org/cases/1990-1999/1995/1995_94_8769/>
(last visited ).