Charles Bassil Clements, Jr. v. United States

In an appeal from an order denying a motion to vacate sentence under 28 U.S. C.A. § 2255, three questions are raised. First, in the District Court, it was said the motion was denied without a hearing. Second, in the District Court and here, it is claimed that the statute of limitations, as amended, was not applicable to the situation. Lastly, it has been urged insistently that the crimes were committed while a three-year statute of limitations was in effect and that an amendment to that statute enacted well before three years had expired after such acts, which increased the period of limitation to five years, was ex post facto and void for unconstitutionality.

An indictment was returned by Grand Jury against Clements on March 20,1957, in eight counts, each of which charged him with the transportation in interstate commerce of Betty La Verne Clements for the purpose of prostitution. The dates of these acts were charged respectively as March 23, 1952, March 27, 1952, March 30, 1952, April 18, 1952, April 27, 1952, April 28, 1952, and twice in July, 1952.

Defendant pleaded guilty to counts one and two and was sentenced to five years concurrently thereon. The other counts were…