United States v. Nelms

DALTON, Chief Judge.

On May 12, 1959, Petitioner, Herman • E. Nelms, was found guilty by a jury on two counts charging him with violations of the Mann Act, 18 U.S.C.A. § 2421, and sentenced to five years imprisonment on each count, the sentences to run consecutively.

In July, 1960, Nelms filed a petition under Rule 35 of the Federal Rules of Criminal Procedure, 18 U.S.C.A., to correct what he alleged to be an illegal sentence. The Petitioner’s contention was that the facts disclosed the commission of a single offense only. This Court found that two offenses had been committed and denied his…