Fleisher v. United States

Background

A group of people were indicted on four counts for conspiring to possess and cause to be possessed stills and equipment to make distilled spirits without registering them. The indictment covered activity from October 1, 1934, to October 30, 1935. The Circuit Court of Appeals had affirmed the convictions, and the Supreme Court agreed to decide whether the first count actually stated a federal crime. The Government acknowledged that the indictment described registration with the wrong official and that the proper duty was to register with the District Supervisor of the Alcohol Tax Unit in the Bureau of Internal Revenue.

Reasoning

The core question was whether the first count, as written, alleged an offense under federal law. The Court concluded it did not. The first count charged a conspiracy to possess unregistered stills but failed to allege the required legal duty correctly, as the applicable statutes and regulations required registration with a specific agency official. Because the count did not state a federal offense, the Court reversed the judgments on that count. The Court also noted that the sentence on the second count began only after the term on the invalid first count, so the other sentences must be changed to show definite start dates.

Real world impact

Practically, people convicted under that first count have that particular conviction reversed and the case is sent back for further proceedings consistent with this opinion. Courts must correct the sentence dates for the remaining counts so those prison terms start on fixed dates. The decision is narrow and focuses on how charges are pleaded and how linked sentences are dated; it does not resolve other parts of the convictions.