United States v. Spradley, 4938.
Decision Date | 19 March 1946 |
Docket Number | No. 4938.,4938. |
Citation | 65 F. Supp. 136 |
Parties | UNITED STATES v. SPRADLEY. |
Court | U.S. District Court — Western District of Kentucky |
David C. Walls, U. S. Atty., and Randolph A. Brown, Sp. Asst. U. S. Atty., both of Louisville, Ky., for the United States.
No attorney for defendant.
The defendant, Douglas Spradley, files his petition for correction of sentence. On proper showing the petition is directed to be filed in forma pauperis. The petition alleges that the defendant was indicted for a violation of the National Motor Vehicle Theft Act, 18 U.S.C.A. § 408. The indictment contained two counts, the first of which charged him with transporting an automobile in interstate commerce, knowing it to have been stolen, and with aiding and abetting another, to wit, Harold Wayne Virgin and Charles Lester Herman, in the commission of the offense. The second count charged the defendant Douglas Spradley with unlawfully and feloniously concealing and storing the automobile and with aiding and abetting Harold Wayne Virgin and Charles Lester Herman in the commission of this offense. The defendant entered his pleas of guilty to both counts of the indictment. He was sentenced to a term of five years on each count, the sentences to run consecutively and nonconcurrently.
It is claimed by the defendant that the charges contained in both of these counts of the indictment grew out of facts which constituted but one transaction and that consequently the sentence imposed on the second count is double punishment for the same offense and therefore invalid.
The question has been before the Federal Courts repeatedly and I can not find any case including those cited by the defendant which sustains his contention. Judge Shackelford Miller, Jr., now of the Sixth Circuit Court of Appeals, while serving as District Judge for the Western District of Kentucky, ruled directly on the question in the case of United States v. Dye, D.C., 61 F.Supp. 457, in an opinion of July 6, 1945.
This court in a memorandum opinion in a Western District of Kentucky case from Paducah, on May 31, 1944, had before it the exact question. That case was styled United States v. William Ira Jenkins. The memorandum opinion has not been published and since it contains the reasoning and authorities by which this Court now feels bound I quote it in full:
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...None of these propositions, though well argued, is in our opinion sound. See York v. United States, 6 Cir., 299 F. 778; United States v. Spradley, D.C., 65 F. Supp. 136, opinion by District Judge Swinford, affirmed 6 Cir., 162 F.2d 203; Crawford v. United States, 6 Cir., 214 F. 2d 313; to t......