United States v. Eli Jenkins

442 F.2d 429
CourtCourt of Appeals for the Fifth Circuit
DecidedJune 9, 1971
Docket29684
StatusPublished
Cited by49 cases

This text of 442 F.2d 429 (United States v. Eli Jenkins) 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.

Bluebook
United States v. Eli Jenkins, 442 F.2d 429 (5th Cir. 1971).

Opinions

BELL, Circuit Judge:

This is a Mann Act case. Appellant, a practicing lawyer in St. Petersburg, Florida, was tried before a jury and convicted on a one count indictment charging a violation of 18 U.S.C. § 2422.1 He was sentenced to four years imprisonment and fined $5,000. The trial consumed approximately six weeks and was a vigorous contest throughout. One indicia of this vigor is seen in the fact that appellant now urges fifty assignments of error. Upon consideration of the record and all assignments of error, and after extended oral argument, we find no error and accordingly affirm the judgment of the district court.

The indictment charged that Jenkins induced Diane Feldman to go from Atlanta, Georgia to St. Petersburg, Florida, via a common carrier in interstate commerce, for the purpose of prostitution and debauchery in violation of the statute. The essence of Jenkins’ defense was that his conduct, whatever it may have been, was not the moving force in the inducement of Feldman to travel as charged.

Whoever knowingly persuades, induces, entices, or coerces any woman or girl to go from one place to another in interstate or foreign commerce * * * for the purpose of prostitution or debauchery, or for any other immoral purpose, or with the intent and purpose on the part of such person that such woman or girl shall engage in .the practice of prostitution or debauchery, or any other immoral practice, whether with or without her consent, and thereby knowingly causes such woman or girl to go and to be carried or transported as a passenger upon the line or route of any common carrier or carriers in interstate * * * commerce, shall be fined not more than $5,000 or imprisoned not more than five years, or both.

Taking the view of the evidence most favorable to the government as is the rule, Glasser v. United States, 1942, 315 U.S. 60, 80, 62 S.Ct. 457, 86 L.Ed. 680; Strauss v. United States, 5 Cir., 1963, 311 F.2d 926, 928, the evidence was as follows:

On November 11, 1966 Jenkins accompanied members of the St. Petersburg Quarterback Club to Atlanta, Georgia for a weekend of football games. The members of the club stayed at the Atlanta Baltimore Hotel. Upon arrival Jenkins was assigned to a suite with another member on the fifth floor.

That evening, through the efforts of some of the members and various other persons, several prostitutes came to the hotel and began successfully plying their trade. Diane Feldman, a professional prostitute accompanied three of the members to a room in the hotel. After completing her business in their room she left and went to the elevator. There she met another member of the St. Pe-tersburg group who invited her to a party then in progress in Jenkins’ suite.

She was introduced to Jenkins and had sexual intercourse with him and others in the group who were attending the party. During the course of the evening Jenkins told her that he recognized her and recalled that he had seen a warrant for her arrest in St. Peters-burg. She was charged in the warrant with grand larceny. He told her that [432]*432she could get in serious trouble if she did not return and that he could handle her case and get her off. He urged her to return to the Biltmore the following night when he would introduce her to the judge (a committing magistrate), who had signed the warrant, and they could discuss it.

On the following night, Saturday, Feldman returned to Jenkins’ hotel suite. She again participated in acts of sexual intercourse with various persons in the room as did several other prostitutes who were there. While there she met Justice of the Peace Dadswell. They discussed her case and he urged her to return to Florida, stating that Jenkins was a fine lawyer and that he could handle things so that she would not have to go to jail.

She talked further with Jenkins about the charges at which time he told her that the offense of grand larceny was a serious one and that she could be extradited and held without bond. He again offered to represent her in the case. The fee was to be that she would have to furnish her services as a prostitute to Jenkins and his law partner one time. He also assured her that she could find plenty of work ás a prostitute in St. Pe-tersburg and that he would help her find a job as a go-go dancer. He then stated that he wanted her to ride back to St. Petersburg on the train with him and that he would pay her way. She declined this offer to return on the train.

On Sunday Feldman talked with her husband who was then in Florida. After relating the incident with Jenkins, he told her that she should return if she thought Jenkins could clear up the charges against her. Feldman also called the St. Petersburg Police Department and verified that there was an outstanding grand larceny warrant against her. She then called Jenkins at his hotel to accept his offer, but he had already checked out. Later that night she took a plane to St. Petersburg.

On Monday she contacted Jenkins and went to his office. He arranged for a bondsman, and agreed to represent her for the previously discussed fee.

On November 16, 1966 she appeared in Justice of the Peace Court for a preliminary hearing on the grand larceny charge. She was transported to court in a black Cadillac owned by Jenkins from the hotel where she was staying at the direction of Jenkins. Jenkins, his partner Abernathy, Estes the bondsman, and a law clerk were all in the vehicle.

She was represented at the hearing by Jenkins and Abernathy. During the hearing, argument became quite heated. The judge and counsel retired to chambers. Jenkins came out and told Feld-man that something was wrong because a different judge from the one he expected was presiding and that she would have to go to bed with the judge and the prosecutor in order to get the charges dismissed. She agreed. The case was dismissed.

That evening or the next, she was taken to the Gulf Winds Motel where she engaged in sexual relations with seven men, according to her testimony, which was corroborated by some of the participants. Included in the group were Jenkins, Abernathy, the state’s attorney who had prosecuted her that afternoon, Estes the bondsman, and Manderscheid, the owner of the motel. The trial judge was not involved.

Jenkins continued his association with Feldman during the next several days. He told her that a JayCee convention was in progress in Orlando and that he could arrange for Manderscheid to take her there to carry on her trade. She was not interested.

On November 22, 1966, Feldman appeared before Judge Richard Carr, a Justice of the Peace, on a traffic ticket charge and was again represented by Jenkins and Abernathy. Jenkins again reminded her that she could get into serious trouble. She agreed with Jenkins to have sexual relations with Jenkins, Abernathy, and the judge in return for their services. There is no evidence [433]*433that Feldman responded immediately following this court appearance.

Several days later Jenkins arranged for Feldman to contact Jemison, one of his clients or friends. Jemison had customers who were arriving in Florida. For a negotiated price of $100.00, Feld-man spent a night with one of these customers at the Happy Dolphin Inn.

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Bluebook (online)
442 F.2d 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-eli-jenkins-ca5-1971.