Joseph A. Fabianich v. United States of Am., Mary E. Fabianich v. United States, 302 F.2d 904 (D.C. Cir. 1962). · Go Syfert
Joseph A. Fabianich v. United States of Am., Mary E. Fabianich v. United States, 302 F.2d 904 (D.C. Cir. 1962). Cases Citing This Book View Copy Cite
5 citation events across 1 distinct court.
Strongest positive: Luther M. O'Brien v. United States (ca5, 1969-05-19)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) Luther M. O'Brien v. United States (2×)
5th Cir. · 1969 · confidence medium
Hirabayashi v. United States, 320 U.S. 81, 85 , 63 S.Ct. 1375 , 87 L.Ed. 1774 (1943); Mishan v. United States, 345 F.2d 790, 791 (5th Cir. 1965); Fabianich v. United States, 112 U.S.App.D.C. 319 , 302 F.2d 904, 905 (1962); Clark v. United States, 267 F.2d 99, 101 (4th Cir. 1959).
Retrieving the full opinion text from the archive…
Joseph A. FABIANICH, Appellant,
v.
UNITED STATES of America, Appellee; Mary E. FABIANICH, Appellant, v. UNITED STATES of America, Appellee
16784, 16785.
Court of Appeals for the D.C. Circuit.
May 10, 1962.
302 F.2d 904
Mr. Stanley M. Dietz, Washington, D. C., for appellants., Mr. Daniel A. Rezneck, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Nathan J. Paulson and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee. Mr. Judah Best, Asst. U. S. Atty., also entered an appearance for appellee.
Bazelon, Washington, Bastían.
Cited by 3 opinions  |  Published
PER CURIAM.

Appellant Joseph Fabianich was convicted by a jury on three different counts (Counts 1, 4 and 8) of violating the Mann Act, 18 U.S.C. § 2421 (1958), and two counts (Counts 3 and 7) under a provision of the District of Columbia Code, D.C.Code § 22-2707 (1961), dealing with the receipt of money for arranging for acts of prostitution. Appellant Mary Fabianich was convicted on four Mann Act counts (Counts 2, 4, 6 and 9) and one count (Count 5) of violating D.C. Code § 22-2707. Sentences of one to three years were imposed on Joseph Fabianieh, to run concurrently on Counts 1, 7 and 8; similar sentences were imposed on Count 3 (consecutive to Count 1), and on Count 4 (consecutive to Count 3). Mary Fabianich was similarly given' concurrent sentences of one to ;three.years on Counts 2, 6 and 9, and sentences of one to three years each on Count’ 4 (consecutive to Count 2) and Count 5 (consecutive to Count 4).

Appellants’ primary argument here is that they were denied a fair trial because of certain actions of the court and the Assistant United States Attorney below. We have examined the record, however, and find that the conduct of the trial fell within permissible limits.

Appellants further claim that the court erred in denying Mary Fabianieh’s motion for acquittal on Counts 4, 6 and 9, and Joseph Fabianich’s motion for acquittal on Counts 1, 7 and 8. The convictions on Counts 4, 6 and 7 are clearly valid. Under the doctrine of Hirabayashi v. United States, 320 U.S. 81, 63 S.Ct, 1375, 87 L.Ed. 1774 (1943), taking into consideration the convictions on the remaining counts not challenged by the motions for acquittal, the sentences must be sustained.

We have considered appellants’ other contentions and find no error.

Affirmed.