Russell G. Courtney v. United States

Good Law
390 F.2d 521
United States Court of Appeals for the Ninth CircuitMay 1, 196820769California3,400 words

Opinion

Opinion

Jertberg, J.

A seven count indictment charged appellant in five counts of violating 18 U.S.C. § 2421 [Mann Act], in one count of violating 18 U.S.C. § 2422 [Mann Act], and in the last count charged appellant and one Barry Kornhaber of violating 18 U.S.C. § 1503 [obstruction of justice].

Trial to a jury resulted in a mistrial because the jury was unable to reach a verdict. In the course of that trial one of the counts (Count Five), charging a violation of § 2421, was dismissed.

On retrial to a jury, appellant was convicted on four counts charging violation of § 2421, one count charging violation of § 2422, and on the count charging violation of § 1503. Kornhaber was acquitted by the jury on the obstruction of justice count.

Appellant was committed to the custody of the Attorney General for a term of four years on each of three counts charging a violation of § 2421, all sentences to be served concurrently, and to three years on each of the three counts, one charging a violation of § 2421, one charging a violation of § 2422, and one charging a violation of § 1503, the sentences to be served concurrently, but consecutively to the sentences imposed on the three counts first mentioned.

Appellant…

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