Mitchell v. Sanford

Fifth Circuit

Mitchell v. Sanford

161 F.2d 374, 1947 U.S. App. LEXIS 2773

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 2, 1947

DocketNo. 11802

StatusPublished

This text of 161 F.2d 374 (Mitchell v. Sanford) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mitchell v. Sanford, 161 F.2d 374, 1947 U.S. App. LEXIS 2773 (5th Cir. 1947).

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Opinion

PER CURIAM.

Mitchell was convicted in the Southern District of New York for the interstate transportation of a woman for immoral purposes. He was sentenced on March 17, 1942, to serve a term of four years and ten months in the penitentiary. On appeal the judgment of conviction was affirmed and certiorari was denied by the Supreme Court on March 27, 1944. United States v. Mitchell, 2 Cir., 137 F.2d 1006, certiorari denied 321 U.S. 794, 64 S.Ct. 785, 88 L.Ed. 1083.

Pending his appeal Mitchell did not elect to begin service of his sentence, but remained confined in the custody of the trial court. There is, therefore, no merit in his present contention that he began service of his sentence on March 17, 1942. Mosheik v. Bates, 66 App.D.C. 318, 87 F.2d 221; Baker v. Hunter, 10 Cir., 142 F.2d 615.

The judgment is affirmed.

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PER CURIAM.

Mitchell was convicted in the Southern District of New York for the interstate transportation of a woman for immoral purposes. He was sentenced on March 17, 1942, to serve a term of four years and ten months in the penitentiary. On appeal the judgment of conviction was affirmed and certiorari was denied by the Supreme Court on March 27, 1944. United States v. Mitchell, 2 Cir., 137 F.2d 1006, certiorari denied 321 U.S. 794, 64 S.Ct. 785, 88 L.Ed. 1083.

Pending his appeal Mitchell did not elect to begin service of his sentence, but remained confined in the custody of the trial court. There is, therefore, no merit in his present contention that he began service of his sentence on March 17, 1942. Mosheik v. Bates, 66 App.D.C. 318, 87 F.2d 221; Baker v. Hunter, 10 Cir., 142 F.2d 615.

The judgment is affirmed.

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161 F.2d 374, 1947 U.S. App. LEXIS 2773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-sanford-ca5-1947.

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