United States v. Berkowitz

REEVES, District Judge.

In disposing of the above case a question arose whether severer penalties might be imposed for a second offense without appropriate averments of the fact in the indictment.

Subparagraph (a), Section 216, Title 29 U.S.C.A., is as follows: “Any person who willfully violates any of the provisions of section 215 shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior…