U.S. Court of Appeals for the Eighth Circuit, 1922

Krein v. United States

U.S. Court of Appeals for the Eighth Circuit · Decided July 29, 1922

282 F. 623; 1922 U.S. App. LEXIS 2691

Counsel

Joe R. Lane and C. M. Waterman, both of Davenport, Iowa, for plaintiff in error., E. G. Moon, U. S. Atty., of Ottumwa, Iowa, and R. Granville Curry, of Washington, D. C., for the United States.

Cases that cite this one

1 later published case cites this decision.

Feinberg v. United States (8th Cir. 1924)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Plaintiff in error was jointly indicted with the Muscatine, Burlington & Southern Railroad Company for a violation of the Act to Regulate Commerce. 24 Stat. 379. Both defendants pleaded guilty to three counts of the indictment. The railroad company was fined $1,000 on each of the three counts, and ordered to pay one-half of the costs of the prosecution. Plaintiff in error was fined the sum of $1,000 on each of said counts, and ordered to be imprisoned in the United States penitentiary at Leavenworth, Kan., for a period of one year and one day on each of said counts, the terms of imprisonment to run concurrently.

The fines imposed were the minimum fines provided by law; so was the term of imprisonment. It is assigned as error that the court below abused its discretion in imposing a sentence of imprisonment on plaintiff in error. The record presents nothing that this court can review. Goldberg v. U. S. (C. C. A.) 277 Fed. 211, 220.

Judgment affirmed.

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