263 F.2d 265 | D.C. Cir. | 1959
Lead Opinion
These are appeals from two convictions upon two consolidated indictments charging violations of the District of Columbia lottery laws.
However, concurrent sentences were imposed in these cases;
Affirmed.
. Title 22, Sections 1501, 1502, D.C.Code.
. In the case giving rise to Appeal No. 14,617, appellant was indicted on May 27, 1957, and was found guilty on Count 1, operating a lottery from January 11, 1957 to January 18, 1957; Count 2, sale of numbers to one Carter on January 12, 1957; Count 3, sale of numbers to Carter on January 16, 1957; Count 5, possession of numbers slips on January 18, 1957. He was sentenced to serve one to three years on Counts 1, 2 and 3, and to serve one year on Count 5, all sentences to run concurrently.
In the case giving rise to Appeal No. 14,601, appellant was indicted on Deeem-ber 3, 1957, and was found guilty on Count 1, operating a lottery from September 24, 1957 to October 1, 1957; Count 4, sale of numbers to one Bige-low on October 1, 1957; Count 5, possession of numbers slips on October 1, 1957. lie was sentenced to serve eight months to two years on Count 1, eight months to two years on Count 4, and one yep.r on Count 5, all sentences to run concurrently.
The sentences in No. 14,617 were ordered to be served at the expiration of the sentences imposed in No. 14,601.
Concurrence Opinion
(concurring).
I would affirm solely on authority of Hirabayashi v. United States, 1943, 320 U.S. 81, 63 S.Ct. 1375, 87 L.Ed. 1774; Wanzer v. United States, 1953, 93 U.S. App.D.C. 412, 208 F.2d 45; Greene v. United States, 1957, 100 U.S.App.D.C. 396, 246 F.2d 677, certiorari granted 1958, 357 U.S. 934, 78 S.Ct. 1386, 2 L.Ed. 2d 1549, but see my dissent therein.