Sam Blassingame, Appellant, v. United States of America, Appellee, 220 F.2d 25 (9th Cir. 1955)

Appellant (Sam Blassingame) and Patricia Lewis¹  were indicted in the District Court, were arraigned, pleaded not guilty, had a jury trial and were found guilty. Thereupon a judgment was entered sentencing appellant to be imprisoned for four years. This appeal is from that judgment.

The question presented is whether the indictment charged an offense against the United States. It alleged:

"That on or about January 5, 1953, at or near Portland, Oregon, [appellant] and Patricia Lewis, alias Pat Lewis, did conspire and agree together, and with each other, to commit an offense against the United States, that is, to knowingly and unlawfully, and in violation of [18 U.S.C.A. § 2422],²  cause the said Patricia Lewis, alias Pat Lewis, to go in interstate commerce from Portland, Oregon, to Seattle, Washington, with the intent and purpose on the part of [appellant] and Patricia Lewis that the said Patricia Lewis should engage in the practice of prostitution and that said defendants³  did knowingly cause said Patricia Lewis to go and be carried as a passenger upon the line of a common carrier, to-wit, United Airlines, in the said interstate commerce.

"It was further a part of said conspiracy that [appellant] should accompany the said Patricia Lewis across the State line from Oregon to Washington, as a passenger upon the line of said common carrier, to Seattle, Washington, and in order to effect the object of the said conspiracy, [appellant] and Patricia Lewis did commit certain acts within the Northern Division of the Western District of Washington and within the jurisdiction of this court,⁴  to-wit:

"Overt Acts

"1. That [appellant] and Patricia Lewis bought airplane tickets at Portland, Oregon, via United Airlines, to Seattle, Washington, on January 5, 1953.

"2. That [appellant] and Patricia Lewis boarded United Airlines airplane, Flight No. 675, at Portland, Oregon, to Seattle, Washington, on January 5, 1953, at approximately 3:45 p. m.

"3. That [appellant] and Patricia Lewis arrived at Seattle-Tacoma Airport, located in King County, in the Northern Division of the Western District of Washington, on January 5, 1953, at approximately 4:45 p. m., on board the United Airlines airplane, Flight No. 675.

"4. That [appellant] and Patricia Lewis, after arriving in King County as heretofore alleged in the preceding paragraph of this indictment, traveled by the same taxicab from said airport to an address near Jackson Street, Seattle, Washington, on January 5, 1953.

"5. That [appellant] on January 5, 1953, transported Patricia Lewis by private automobile from the address near Jackson Street, Seattle, Washington, to 3009½ E. Spruce, Seattle, Washington.

"All in violation of [18 U.S.C.A. §§ 371⁵  and 2422]."

Thus the indictment attempted to charge a conspiracy to violate § 2422 and thereby attempted to charge a violation of § 371. However, the indictment did not allege that appellant and Patricia Lewis conspired to persuade, induce, entice or coerce any woman or girl to go from any place to any other place. It therefore failed to charge a conspiracy to violate § 2422.

Conceding this failure, the Government contends that the indictment charged a conspiracy to violate 18 U.S.C.A. § 2421⁶  and thereby charged a violation of § 371. However, the indictment did not allege that appellant and Patricia Lewis conspired to transport any woman or girl, or that they conspired to procure or obtain any ticket or tickets, or any form of transportation or evidence of the right thereto, to be used by any woman or girl. It therefore failed to charge a conspiracy to violate § 2421.

It is not contended, nor is there any basis for contending, that the indictment charged any offense against the United States other than a violation of § 371, or that it charged any violation of § 371 other than a conspiracy to violate § 2421 or § 2422. We therefore hold that, having failed to charge a conspiracy to violate § 2421 or § 2422, the indictment failed to charge an offense against the United States.

Judgment reversed.