Kessel v. United States
| Decision Date | 04 June 1962 |
| Docket Number | No. 16688.,16688. |
| Parties | Stanley V. KESSEL, Vance W. Heideman, and George Harding Bryant, Appellants, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Typewritten brief was filed by appellants Stanley V. Kessell, Vance W. Heideman and George H. Bryant who are incarcerated at the United States Penitentiary.
Robert Vogel, U. S. Atty., and Gordon Thompson, Asst. U. S. Atty., Fargo, N. D., filed brief for appellee.
Before JOHNSEN, Chief Judge, and WOODROUGH and MATTHES, Circuit Judges.
On September 19, 1958, an indictment in six counts was filed against the appellants, each count charging that on August 27, 1958, the appellants transported in interstate commerce a falsely made, forged and counterfeit security, to wit, a money order. Upon their pleas of guilty Kessel and Heideman were each sentenced to four years on each of the first five counts, the sentences to run consecutively, and Bryant was sentenced to five years on each of the first five counts to run consecutively. Additionally, on the sixth count each was placed on probation for a period of five years to commence with the expiration of service on the fifth count.
In March, 1959, appellants filed separate motions to vacate the sentences under 28 U.S.C.A. § 2255. The trial court denied these motions on May 20, 1959. Bryant v. United States, D.C., 173 F.Supp. 574. No appeal was taken from that order. In September and October, 1959, separate motions were filed by appellants to correct the sentences under Rule 35 of the Federal Rules of Criminal Procedure.1 In these motions the appellants asserted that the transportation of the six securities which were the subject of the same physical act, constituted only one offense and that the court erroneously concluded that six separate offenses had been committed, and therefore exceeded its jurisdiction in imposing six separate sentences. The trial court treated these motions as seeking relief under Title 28 U.S.C.A. § 2255, and on December 4, 1959, denied the motions without a hearing. On appeal, this court, on the basis of our holding in Carlson v. United States, 8 Cir., 274 F. 2d 694, and United States v. Taylor, 2 Cir., 210 F.2d 110, held that, notwithstanding the six securities were transported on one trip and at one time by appellants, each security so transported constituted a permissible unit of prosecution, 8 Cir., 281 F.2d at p. 809; however, the cause was remanded, with Judge Vogel dissenting, for hearing on the issue of whether the appellants' pleas of guilty were obtained from them unfairly and involuntarily.
After remand, the district court, on October 14, 1960, conducted a plenary hearing on the motions and afforded the appellants, who were personally present and testified, the opportunity to present any question or issue going to the validity of the judgments and...
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Ketchum v. United States, Civ. No. 70-705-K.
...there held that under the statutory language, "knowingly transports" "any woman or girl," there was but one offense. In Kessel v. United States, 303 F.2d 563 (8th Cir.), the money orders were transported by the defendants themselves on one trip, and the court in a Rule 35 proceeding, on aut......
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U.S. v. Squires, 77-1802
...7 L.Ed.2d 75 (1961), Reversing 287 F.2d 657 (5th Cir. 1961); Cooks v. United States, 461 F.2d 530 (5th Cir. 1972); Kessel v. United States, 303 F.2d 563 (8th Cir. 1962); See United States v. Dilts, 501 F.2d 531, 534-35 (7th Cir. 1974). According to this rule, Squires committed only one subs......
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United States v. Peters, Crim. No. 77-160.
...the transportation and uttering offenses, charged by the remaining six counts, are not so determined. Although in Kessel v. United States, 303 F.2d 563 (8th Cir. 1962), modifying, 189 F.Supp. 224 (D.N.D.1960) it was held that simultaneous transportation of more than one falsely made securit......
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United States v. Feldman
...for sentencing, citing the Castle case. The facts are unknown. The Government has brought to the Court's attention Kessel v. United States, 303 F.2d 563 (8 Cir. 1962). The defendant plead guilty to a six-count indictment, charging that he transported in interstate commerce falsely made, for......