United States Supreme Court Cases & Opinions

U.S. Supreme Court

MCCRAY v. U.S. , 405 U.S. 944 (1972)

February 22, 1972

Rehearing Denied April 3, 1972.

See 405 U.S. 1049.

On petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit. The petition for a writ of certiorari is denied.

Mr. Justice DOUGLAS, dissenting.

Petitioner was found guilty of five violations of the Mann Act and sentenced for a total of 10 yers-some of the sentences being consecutive and some concurrent. There is no doubt that petitioner transported the same woman to various cities over a period of a year for prostitution. There were five counts, two of which charged transportation in commerce of the named woman between designated cities for the purpose of prostitution. Each was an offense under 18 U.S.C. 2421 which provides a fine of $5,000 or five years in prison or both. [Footnote 1]

Page 405 U.S. 944 , 945

Three of the five counts charged that petitioner persuaded, induced, enticed, or coerced this same woman 'to go from one place to another' in interstate commerce for the purpose of prostitution, each count charging on offense under 18 U.S.C. 2422 which carries a fine of $5,000 or five years in prison or both. [Footnote 2]

As a matter of semantics there is an offense under 2241 whenever a person 'transports' a woman for the illegal purpose and there is one under 2242 when a [405 U.S. 944 , 946]

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