United States v. Daugherty, 269 U.S. 360 (1926). · Go Syfert
United States v. Daugherty, 269 U.S. 360 (1926). Cases Citing This Book View Copy Cite
Quick Summary

Criminal sentences must reveal the intent of the court with fair certainty to exclude serious misapprehensions by those tasked with executing them.

A defendant pleaded guilty to three counts of violating the Harrison Anti-Narcotic Act, and the trial court sentenced him to three five-year terms to run consecutively. The Court of Appeals held the sentence was only for five years because the order of sequence was not clearly designated. The Supreme Court addresses whether the judgment entry sufficiently communicated the court's intent. The Court holds that criminal sentences must reveal the intent of the court with fair certainty to avoid misapprehension by those executing them. Because the entry explicitly stated the terms were to run consecutively and not concurrently, the fifteen-year total sentence is valid.

665 citation events (59 in the last 25 years) across 60 distinct courts.
Treatment trajectory · 1926 → 2026 · click a year to view as-of
1926 1976 2026
Cited for
At page 363 Determining clarity of criminal sentences for execution15 citing cases“sentences in criminal cases should reveal with fair certainty the intent of the court and exclude any serious misapprehensions by those who must execute them.”10 citing courts quote it
  • State v. Rau, 523 A.2d 98 (N.H. 1987).published
    ([sentences in criminal cases should reveal with fair certainty the intent of the court....)
  • State v. Geller, 16 N.W.3d 365 (Neb. 2025).published 3 cites
    ([s]entences in criminal cases should reveal with fair certainty the intent of the court and exclude any serious misapprehensions by those who must execute them)
  • United States v. Love, 593 F.3d 1 (D.C. Cir. 2010).published 3 cites
    (Sentences in criminal cases should reveal with fair certainty the intent of the court.... [But] elimination of every possible doubt cannot be demanded.)
  • United States v. Perez, 565 F.3d 344 (7th Cir. 2009).published 3 cites
    (Sentences in criminal cases should reveal with fair certainty the intent of the court and exclude any serious misapprehensions by those who must execute them.)
  • United States v. Kruse, No. 25-10497 (5th Cir. Feb. 11, 2026).unpublished
    “The Supreme Court has long held that ‘[s]entences in criminal cases should reveal with fair certainty the intent of the court and exclude any serious misapprehensions by those who must execute them.’” United States v. Willis, 76 F.4th 467…
  • United States v. Willis, 76 F.4th 467 (5th Cir. 2023).published
    The Supreme Court has long held that “[s]entences in criminal cases should reveal with fair certainty the intent of the court and exclude any serious misapprehensions by those who must execute them.” United States v. Daugherty, 269 U.S. 36…
  • Francis v. Hofmann, 2008 VT 137, 969 A.2d 97.published
    As the United States Supreme Court noted nearly a century ago, “[sentences in criminal cases should reveal with fair certainty the intent of the court and exclude any serious misapprehensions by those who must execute them.” United States…
  • Sipple v. Gov't of the Virgin Islands, 12 V.I. 484 (D.V.I. 1976).published
    As Justice McReynolds wrote in United States v. Daugherty, 269 U.S. 360, 363 (1926): Sentences in criminal cases should reveal with fair certainty the intent of the court and exclude any serious misapprehensions by those who must execute t…
  • In Re Mills, 361 P.2d 15 (Cal. 1961).published
    (United States v. Daugherty, 269 U.S. 360, 363 [46 *653 S.Ct. 156, 70 L.Ed. 309 ]; In re Pedrini, 33 Cal.2d 876, 880 [ 206 P.2d 699 ]; Pen.
  • In Re Pedrini, 206 P.2d 699 (Cal. 1949).published 2 cites
    The following language in United States v. Daugherty (1926), 269 U.S. 360, 363 [ 46 S.Ct. 156 , 70 L.Ed. 309 ], is applicable: ‘ Sentences in criminal cases should reveal with fair certainty the intent of the court and exclude any serious…
Show 5 more citing cases
  • United States v. Armando Morales Rivera, No. 20-10117 (11th Cir. July 8, 2020).unpublished
    See United States v. Smith, 532 F.3d 1125, 1129 (11th Cir. 2008).1 A criminal sentence “should reveal with fair certainty the intent of the court and exclude any serious misapprehensions by those who must execute them.” United States v. Da…
  • United States v. Luis Perez, No. 07-3947 (7th Cir. Apr. 28, 2009).published
    (remanding where sentence was unclear)
  • State v. Huot, 612 A.2d 362 (N.H. 1992).published
    See Rau, 129 N.H. at 129 , 523 A.2d at 100 (‘“Sentences in criminal cases should reveal with fair certainty the intent of the court. . . .’” (quoting United States v. Daugherty, 269 U.S. 360, 363 (1926))).
  • State v. Michael B., 474 A.2d 564 (N.H. 1984).published
    It is a fundamental rule that “[a]t the conclusion of the sentencing proceeding, a defendant and the society which brought him to court must know in plain and certain terms what punishment has been exacted by the court as well as the exten…
  • United States v. Tyvon Taylor, 973 F.3d 414 (5th Cir. 2020).published
    We retain jurisdiction over this appeal pending the district court’s answer to our inquiry. 16 United States v. Setser, 607 F.3d 128, 132 (5th Cir. 2010), aff’d, 566 U.S. 231 (2012) (internal quotation marks and citations omitted). 17 Id.…
70 L. Ed. at 313 cited at this page2 citing cases
  • United States v. Constance Haas Meester, Jeanne Sanfratello Tumulty, Robert Haas, Edward Conrad Sawyer, 762 F.2d 867 (11th Cir. 1985).published
    The elimination of every possible doubt cannot be demanded.’ ” Montos v. Smith, 406 F.2d 1243,1246 (5th Cir.1969) (quoting United States v. Daugherty, 269 U.S. 360, 363 , 46 S.Ct. 156, 157 , 70 L.Ed. 309, 313 (1926)).
  • Chase v. State, 479 P.2d 337 (Alaska 1971).published 4 cites
    The origin of the principle that a sentence imposed in a criminal matter must be definite and unambiguous is usually attributed to the United States Supreme Court ruling in United States v. Daugherty, 269 U.S. 360 , 46 S.Ct. 156, 157 , 70…
46 S. Ct. at 157 cited at this page1 citing case
  • United States Ex Rel. Lombardo v. McDonnell, 153 F.2d 919 (7th Cir. 1946).published
    In that case the court at page 363 of 269 U.S., 46 S. Ct. 157, 70 L.Ed. 309 said: “Sentences in criminal cases should reveal with fair certainty the intent of the court and exclude any serious misapprehensions by those who must execute the…
Other citing cases15 with no pin cite or quoted language on record
Show 5 more citing cases
Retrieving the full opinion text from the archive…
United States
v.
Daugherty
303.
Supreme Court of the United States.
Jan 4, 1926.
Published opinion
269 U.S. 360
1926 U.S. LEXIS 355
Assistant to the Attorney General Donovan, with whom Solicitor General Mitchell was on the brief, for the United States., Mr. Anthony P. Nugent, for respondent.
McReynolds.
Cited by 220 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: #35,277 of 633,719
Citer courts: Seventh Circuit (3) · D.C. Circuit (3) · Nebraska Supreme Court (3)
[*361] Mr. Justice McReynolds

delivered the opinion of the Court.

An indictment of three counts charged respondent with violating the Harrison Anti-Narcotic Act, c. 1, 38 Stat. 785, by making unauthorized sales of cocaine to three different persons on different days. Each count alleged a completed sale to the named individual on a specified day. The judgment below followed a plea of guilty—

“ It is by the court considered and adjudged that said defendant is guilty of the crime aforesaid, and that as punishment therefor said defendant be' confined in the United States Penitentiary situated at Leavenworth, Kansas, for the term of five (5) years on each of said three counts and until he shall have been discharged from said Penitentiary by due course ,of law. Said term of imprisonment to run consecutively and not concurrently.” He took the cause to the Circuit Court of Appeals for the Eighth Circuit and there maintained—

“ 1. That the [trial] court erred in imposing a sentence of fifteen years upon defendant, James Daugherty; that the court exceeded its jurisdiction in imposing-a sentence of fifteen years, which is ten years above the maximum penalty prescribed for a violation of the Harrison Anti-Narcotic Act as amended by Revenue.Act of 1918, 40 Stat. 1130. , '
“ 2. That each of the offenses charged, alleged and set forth in the indictment constitute a single continuous act inspired by the same intent, which is equally essential to each of the offenses charged in the three counts of said indictment, and the court erred and exceeded its jurisdiction in imposing a sentence of fifteen years upon defendant.”

That court interpreted and affirmed the judgment.

It held that “ the contention that each sale should be taken as resulting from one and the same criminal intent and therefore the three counts charge only one crime, is[*362] not sound; because criminal intent is not an element of the crime, and because each count charges a different sale to a different person and on a different day, and if the sales were made as charged they constituted three separate offenses.”

It further concluded that the sentence was for five years only and, in support of this view, said: “Where sentences are imposed on verdicts of guilty, or pleas of guilty, on several counts or on several indictments consolidated for trial, it is the rule that the sentences so imposed run concurrently, in the absence of specific and definite provision therein that they be made to run consecutively by specifying the order of sequence. If the order in which the terms of imprisonment for the different offenses is to be served, is not clearly designated, the terms are to be served concurrently, and the defendant cannot be held in further confinement under the sentence after the expiration of the longest.’term imposed. Cumulative sentences are permissible, and in some cases are appropriate, but when imposed on different counts or indictments there must be certainty in the order of sequence.” Mr. Justice Bradley’s opinion in United States v. Patterson, 29 Fed. 775, was cited and relied upon.

The cause is here by certiorari, granted upon petition of the United States, for whom counsel say: “ The judgment of the Circuit Court of Appeals has resulted in an unwarranted alteration and misapplication of the original sentence imposed upon, the defendant. The purpose of this proceeding is to restore the original judgment and sentence of the District Court, imposing three consecutive terms of five years each.”

The constitutionality of the Anti-Narcotic Act, touching which this Court so sharply divided in United States v. Doremus, 249 U. S. 86, was not raised below and has not been again considered. The doctrine approved in Hammer v. Dagenhart, 247 U. S. 251; Child Labor Tax [*363] Case, 259 U. S. 20; Hill v. Wallace, 259 U. S. 44, 67; and Linder v. United States, 268 U. S. 5, may necessitate a review of that question if hereafter properly presented.

In denying the contention that the indictment charged but a single crime the court below was clearly right. Further discussion of that point would serve no good purpose. But, we think, it erred in holding that the sentence was for only five years.

Sentences in criminal cases should reveal with fair certainty the intent of the court and exclude any serious misapprehensions by those who must execute them. The elimination of every possible doubt cannot be demanded. Tested by this standard the judgment here questioned was sufficient to impose total- imprisonment for fifteen years made up of three five-year terms, one under the first count, one under the second and one under the third, to be served consecutively and to follow each other in the same sequence as the counts appeared in the indictment. This is the reasonable and natural implication from the whole entry. The words, “ said term Of imprisonment to run consecutively and not concurrently,” are not consistent with a five-year sentence.

United States v. Patterson, supra, grew out of a sentence under pleas of guilty to three separate indictments. A single judgment entry directed that the prisoner “be confined at hard labor in the State’s prison of the State of New Jersey, for the term of five (5) years upon each of the three indictments above named, said terms not to run concurrently; and from and after the expiration of said terms until the costs of this prosecution shall have been paid.” . The question there was materially different from the one here presented which concerns counts in one indictment. We think the reasoning of that opinion is not applicable to the present situation. Neely v. United States, 2 Fed. (2d) 849, 852, 853, is more nearly in point.

[*364] This and similar unfortunate causes should admonish the trial courts to require the use of meticulously precise language in all judgment entries. Especial care is essential where sentences for crime are imposed.

We deem it proper to add that the sentence of fifteen years imposed upon respondent seems extremely harsh. Circumstances not disclosed by the record may justify it,' but. only extraordinary ones could do so.

The judgment of the Circuit Court of Appeals is reversed and the one entered, by the District Court is affirmed. The cause will be remanded to the latter court for further proceedings in conformity with this opinion.