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142 F.2d 435

Docket No. 10931.

Reed v. United States

Fifth Circuit Court of Appeals

Decided May 10, 1944.

Fifth Circuit Court of Appeals · decided 1944-05-10

2 counsel of record

Relies on McKee v. Johnston · Myers v. Morgan · Ross v. Hudspeth

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1944-05-10

How this case has been cited

Cited by 20 later decisions — most recently December 1976

12 federal appellate · 2 state decisions

701944195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1No appearance was entered on behalf of appellant.

¶2Clyde O. Eastus, U. S. Atty., of Fort Worth, Tex., and Joe H. Jones, Asst. U. S. Atty., of Dallas, Tex., for appellee.

¶3Before SIBLEY, McCORD, and LEE, Circuit Judges.

¶4PER CURIAM.

¶5On 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.

¶6Each 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.

¶7Affirmed.

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