United States v. Roy D. Lewis

BAZELON, Chief Judge

(concurring in part and dissenting in part):

I concur in parts one and three of the court’s opinion. I dissent only from part two. I think it is not “clear from the record * * * that the actions and intent of defendant constitute distinct successive criminal episodes,” Smith & Rozier v. United States, 135 U.S.App.D.C. 284, 285, 418 F.2d 1120, 1121 (1969), such that “the threat of additional punishment [would! provide meaningful deterrence in the interstitial period separating the offenses,” Jackson v. United States, 134 U.S.App.D.C. 18, 24, 412 F.2d 149, 154 (1969). We do not know the length of time that elapsed between the shot at the officers in the hall, and the shot at the officer on the street. Further, the trial judge made no finding that appellant formed successive criminal intentions, see Smith & Rozier, supra, nor did he specify what “recognized sentencing goal” would be served by consecutive sentences, cf. Irby v. United States, 129 U.S.App.D.C. 17, 20, 390 F.2d 432, 435 (en banc 1967).