U.S. v. Xiong

Federal 7th Circuit Court
Criminal Court
Double Jeopardy
Citation
Case Number: 
No. 09-1410
Decision Date: 
February 8, 2010
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Defendant's convictions for arson, mail fraud, conspiracy to commit arson and mail fraud, and use of fire to commit another felony did not violate Double Jeopardy Clause even though all offenses arose out of defendant's actions in burning down his mother's supermarket to assist her in collecting insurance money. While defendant argued that Dist. Ct. could not impose separate sentence for each charged offense because sum of elements for offenses of arson, mail fraud and conspiracy equaled elements comprising use of fire to commit felony offense, Ct. of Appeals found that all convictions could stand under Blockburger, 284 US 299 since each offense contained element that other charged offenses did not require.