Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

Convictions are multiplicitous when the prosecution charges 'a single offense in more than one count.' United States v. De La Torre, 634 F.2d 792, 794 (5th Cir. 1981). The rule against multiplicity is grounded in the Fifth Amendment's prohibition against double jeopardy, intending 'to prevent multiple punishments for the same act.'  Id. at 729. ''The test for determining whether the same act or transaction constitutes two offenses or only one is whether conviction under each statutory provision requires proof of an additional fact which the other does not.'' United States v. Reedy, 304 F.3d 358, 363 (5th Cir. 2002) (quoting United States v. Nguyen, 28 F.3d 477, 482 (5th Cir. 1994)). 'Where a multipart transaction raises the prospect of multiplicity under a single statute, the question becomes 'whether separate and distinct prohibited acts, made punishable by law, have been committed.'' Id. at 363-64 (quoting United States v. Shaid, 730 F.2d 225, 231 (5th Cir. 1984)).

See United States v. Reedy, 304 F.3d 358, 367 (5th Cir. 2002); United States v. Gallardo, 915 F.2d 149 (5th Cir. 1990). In Gallardo, a defendant was convicted under § 2252 of four counts of mailing ...

Register or login to access full content