James Frederick Drew v. United States

Appellant was convicted of a substantive Mann Act violation under Section 2422, Title 18 U.S.C., and of a conspiracy charge drawn pursuant to provisions of Sections 371, 2421 and 2422, of the same Title. The two crimes of which Appellant was convicted were charged in two several indictments.

This appeal, in forma pauperis, is from an Order of the District Court denying Appellant’s motion under Rule 35 of the Federal Rules of Criminal Procedure, 18 U.S.C. for correction of his sentence.

On June 14, 1954, the Appellant was sentenced to four years imprisonment upon his plea of Guilty to the Mann Act charge. On August 9, 1954, while in the custody of the Attorney General, the Appellant was returned to the District Court and sentenced to five years beginning June 14, 1954, on the conspiracy charge to which the Appellant had entered a plea of guilty.

The United States Attorney moved for a correction of the second sentence which incorrectly directed that the term was to commence on June 14, 1954. On October 1, 1954, the motion was granted to the extent that the sentence on the conspiracy charge was corrected nunc pro tunc as of August 9, 1954, by changing the five year term to one of…