REED
v.
UNITED STATES

5th Cir. | 1944-05-10
No. 10931
Before SIBLEY, McCORD, and LEE, Circuit Judges.
142 F.2d 435 Court of Appeals for the Fifth Circuit (1944) Positive Treatment
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

On conviction upon an indictment which in three counts charged him with transporting in interstate commerce on three separate occasions the same girl, from and to the same points, for the purpose of engaging her in prostitution, the appellant was sentenced generally to ten years imprisonment. A motion to set the sentence aside as exceeding the limit of five years for the offense was denied, and this appeal taken. The prostitution was at a soldiers’ training camp.

Each trip was a separate offense, and could be separately punished. Three maximum sentences would have aggregated fifteen years. A single sentence for a term within the aggregate is not illegal, though perhaps not in the most desirable form. Such sentences have often been upheld both on habeas corpus and direct appeal. Blake v. Moyer, 5 Cir., 208 F. 678; Myers v. Morgan, 8 Cir., 224 F. 413; Flynn v. United States, 8 Cir., 57 F. 2d 1044; Warden v. De Londi, 10 Cir., 62 F. 2d 981; Ross v. Hudspeth, 10 Cir., 108 F. 2d 628; McKee v. Johnston, Warden, 9 Cir., 109 F. 2d 273.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (12 total)

Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw