Gus La Vern Hiller v. United States

On March 4, 1954, appellant, Gus La Yern Hiller, was indicted in the United States District Court for the Western District of Washington, Northern Division. The indictment was in 15 counts. Appellant pleaded guilty to counts 4 and 9. All the other counts were dismissed. Thereupon, on August 9, 1954, the District Court entered a judgment sentencing appellant on count 4 to be imprisoned for five years and on count 9 to be imprisoned for four years, the sentences to run consecutively. At all times after August 9, 1954, appellant was in custody pursuant to the judgment.

On March 7, 1957, appellant filed in the District Court a motion under 28 U. S.C.A. § 2255 to vacate the sentence on count 9. On May 3, 1957, the District Court, after a hearing, entered an order denying the motion. This appeal is from that order.

The stated grounds of the motion were, in substance, that counts 4 and 9 charged one and the same offense, and that therefore the District Court was without jurisdiction to sentence appellant on count 9.

Counts 4 and 9 were based on 18 U.S. C.A. § 2422, which provides: “Whoever knowingly persuades, induces, entices, or coerces any woman or girl to go from one place to…