Reed v. United States, 10931.
| Decision Date | 10 May 1944 |
| Docket Number | No. 10931.,10931. |
| Citation | 142 F.2d 435 |
| Parties | REED v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fifth Circuit |
No appearance was entered on behalf of appellant.
Clyde O. Eastus, U. S. Atty., of Fort Worth, Tex., and Joe H. Jones, Asst. U. S. Atty., of Dallas, Tex., for appellee.
Before SIBLEY, McCORD, and LEE, Circuit Judges.
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.
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Benson v. United States
...for a term within the aggregate is not illegal * * *." Granger v. United States, 5 Cir., 1960, 275 F.2d 127, citing Reed v. United States, 5 Cir., 1944, 142 F.2d 435; Rodriguez v. United States, 5 Cir., 1958, 261 F.2d 128. Our position parallels that taken by other Circuits3 on this point a......
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Nelms v. United States
...the same woman on two trips, separated by a six month interval of time, from York, Pennsylvania, to Washington, D. C.); Reed v. United States, 5 Cir., 1944, 142 F.2d 435 (the defendant took the same woman on three occasions to a soldiers' training camp); Williams v. United States, 5 Cir., 1......
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U.S. v. Pate, 76-1407
...our prior decisions that the "general sentence" is not desirable. Granger v. United States, 5 Cir., 1960, 275 F.2d 127; Reed v. United States, 5 Cir., 1944, 142 F.2d 435. Our brief treatment shows why it is undesirable. By imposing unnecessary burdens on Courts and the Judges who man them, ......
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United States v. Lynch, 9195.
...not exceed the aggregate which could have been imposed had sentence been pronounced severally on each count." See also Reed v. United States, 5 Cir., 142 F.2d 435; Jones v. Hill, Warden, 3 Cir., 71 F.2d Since the sentence in this cause was not void nor illegal, the District Court did not er......