United States v. Dasher

KALODNER, District Judge.

Defendants have demurred to an indictment charging them as second offenders with violations of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 215(a) (1), 215 (a) (2) and 215(a) (5). The defendants rely primarily on the contention that the allegation of conviction and sentence upon a plea of nolo contendere in a prior criminal action is not an allegation of a prior “conviction” and is therefore insufficient to charge the defendants with an offense committed after a conviction for a prior offense.

Section 16(a) of the Act provides a penalty of fine or imprisonment…