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364 U.S. 587 81 S.Ct. 321 5 L.Ed.2d 312 Lawrence CALLANAN, Petitioner, v. UNITED STATES. No. 47. Argued Nov. 15, 16, 1960. Decided Jan. 9, 1961. Rehearing Denied Feb. 20, 1961. See 365 U.S. 825, 81 S.Ct. 687. Mr. Morris A. Shenker, St. Louis, Mo., and Mr. Sidney M. Glazer, Berkeley, Mo., for petitioner. Mr. Theodore G. Gilinsky, Washington, D.C., for respondent. Mr. Justice FRANKFURTER delivered the opinion of the Court. 1 Petitioner was convicted by a jury in the United States District Court for the Eastern District of Missouri on two counts. Count I charged a conspiracy to obstruct commerce by extorting money, and Count II charged the substantive offense of obstructing commerce by extortion, both crimes made punishable by the Hobbs Anti-Racketeering Act, 18 U.S.C. § 1951, 18 U.S.C.A. § 1951. 1 Petitioner was sentenced to consecutive terms of twelve years on each count, but the sentence on Count II was suspended and replaced with a five-year probation to commence at the expiration of his sentence under Count I. 2 On appeal, the conviction was affirmed, 223 F.2d 171. 2 Petitioner thereafter sought a correction of his sentence, invoking Rule 35 of the Federal Rules of Criminal Procedure, 18 U.S.C.A., as well as 28 U.S.C. § 2255, 28 U.S.C.A. § 2255. 3 He claimed that the maximum penalty for obstructing interstate commerce under the Act by any means is twenty years and that Congress did not intend to subject individuals to two penalties. The District Court denied relief, holding that the Hobbs Act gave no indication of a
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