UNITED STATES OF AMERICA, APPELLEE,
v.
BOBBIE WILSON A/K/A BOBBY WILSON, APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the appellant was convicted of two distinct Mann Act violations and that the trial court did not err in imposing consecutive sentences.
The appellant was convicted by a jury of two Mann Act violations and sentenced to consecutive prison terms. He appealed, arguing there was only one of…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Consecutive Sentences cases and more on FLexlaw
PER CURIAM.
We affirm the judgment of conviction entered on the jury verdict finding appellant guilty of two Mann Act violations, 18 U.S.C. § 2421.
Appellant's contention, raised for the first time in this court, that there was only one offense committed by him, and that the court erroneously and without authority imposed separate 5-year prison sentences on each count, the second to be served consecutively to the first, finds no support in the evidence or the law. Nelms v. United States, 291 F. 2d 390 (4th Cir. 1961), on almost identical facts, ruled two offenses had been committed. We regard Nelms as sound law and decline appellant’s invitation to promulgate a contrary rule for this circuit. Moreover, our case of Myers v. Morgan, 224 F. 413 (8th Cir. 1915), supports the judgment and sentences.
Appellant’s complaint about the court’s admonishing the jury to disregard a statement made by the Government's principal witness is patently frivolous. We view the alleged erroneous statement as beneficial to the appellant.
There is likewise no merit in the belated claim of failure to fully instruct on all issues. Appellant’s experienced counsel expressly approved every instruction given and failed to request that the jury be given further guidance.
This case was tried free of error and appellant’s conviction on uncontradicted and conclusive evidence must be and is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Chitty, 760 F.2d 425 (2d Cir. 1985)
Authorities Cited
- Nelms v. United States, 291 F.2d 390 (4th Cir. 1961)