Fred Dwight Jones v. United States

Appellant was found guilty of four counts of transporting aliens on or about March 14, 1954, in violation of 8 U.S.C. § 1324 (a) (2). The transportation of the four aliens all took place at the same time and was part of the same transaction. The appellant was sentenced to prison for five years on counts 1 and 2, said terms to run concurrently; and was sentenced to prison for one year on counts 3 and 4, said terms to run concurrently. The term of one year on counts 3 and 4, however, were to run consecutively to the term of five years on counts 1 and 2, thereby resulting in a total sentence of six years.

Appellant appeals from an order denying his petition for a writ of habeas corpus. He urges (1) that his sentences were ambiguous. They were not. (2) He urges that they make it necessary for him to serve more time in prison than if the five year sentence and the one year sentence were not aggregated. They do. (3) Appellant urges that he has been subjected to more than one punishment for the same offense. He has not.

Appellant recognizes (a) that 8 U.S.C. § 1324 provides:

(b) that this court has heretofore ruled that this statute (unlike the Mann Act, 18 U.S.C. § 2421 , and similar…