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UNITED STATES v. SAMS

May 7, 1965

UNITED STATES of America
v.
William SAMS et al.



The opinion of the court was delivered by: DUMBAULD

On March 1, 1963, verdicts of guilty were rendered by a jury against certain defendants on certain counts of the indictment in the above-styled cause. See United States v. Sams, 219 F.Supp. 164, 167-168 (W.D.Pa.1963). On August 2, 1963, the defendants were sentenced. The transcript indicates as follows:

(As to defendant Sams:)

 'Therefore, it is the sentence and judgment of the Court that the defendant Willie Sams pay a proportionate share of the costs of prosecution and, under the first count of conspiracy, pay a fine of Ten Thousand dollars and be committed to the custody of the Attorney General for confinement in a penal type institution for a period of two years, provided that upon payment of all the fines and costs imposed upon this defendant, execution of the sentence as to imprisonment shall be suspended. And that, upon count two, the defendant shall pay a fine of Ten Thousand dollars. Upon Count five, the defendant shall pay a fine of Ten Thousand Dollars. On Count seven, the defendant shall pay a fine of Ten Thousand Dollars. And, upon Count six, the defendant shall pay a fine of Five Thousand Dollars. And, upon count eight, the defendant shall pay a five of Five Thousand Dollars, and to stand committed for compliance with the sentence.

 'MR. REICH: Your Honor, do I understand that those fines are consecutive or concurrent? 'THE COURT: Well, they are cumulative and payable forthwith. The total would be fifty thousand dollars.'

 (As to defendant Ciancutti:)

 'It is therefore the sentence and judgment of the Court that the defendant Thomas Ciancutti pay a proportionate share of the costs of prosecution. And, under count one, pay a fine of ten thousand dollars and be committed to the custody of the Attorney General for confinement in a penal type institution for a period of two years, provided that upon payment of all the fines and costs imposed upon this defendant, execution of the sentence as to imprisonment shall be suspended. And that, upon count fifteen, the defendant shall pay a fine of ten thousand dollars, upon count seventeen sentence is suspended, upon count sixteen, a fine of two thousand and five hundred dollars shall be imposed, and upon count eighteen a fine of two thousand and five hundred dollars, and to stand committed for compliance with the sentence.'

 (As to defendant Phillips:)

 10'It is the sentence and judgment of the Court that the defendant Frank Phillips pay a proportionate share of the costs of prosecution, and on count one pay a fine of ten thousand dollars and be committed to the custody of the Attorney General for confinement in a penal type institution for a period of two years, provided that upon payment of all the fines and costs imposed on this defendant execution of the sentence as to imprisonment shall be suspended. And, upon count two, that the defendant pay a fine of ten thousand dollars, and upon count three a fine of five thousand dollars, and upon count four a fine of five thousand dollars, it being the intention of the Court that the total fine be thirty thousand dollars and be paid forthwith.'

 (As to defendant Giorano:)

 'It is the sentence and judgment of the Court that the defendant pay a proportionate share of the costs of prosecution and a fine of five thousand dollars, payable forthwith.'

 Subsequently sentences to the same effect were signed upon the printed forms provided by the Administrative Office. These appear at pages 495a-500a in the appendix for appellants at Nos. 14576-14579 in the Court of Appeals for the Third Circuit.

 Having filed corporate surety bonds for payment on the fines, the defendants remained at large during appellate proceedings.

 On March 10, 1964, the Court of Appeals affirmed all the convictions except that of defendant Sams on Count 2 of the indictment under 26 U.S.C. § 7201. United States v. Sams, 340 F.2d 1014, 1019 (C.A.3, 1964).


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