United States V. Heller

Defendant-appellant was indicted on five counts of having willfully and knowingly transmitted in interstate commerce a communication that contained a demand and request for a ransom and reward for the release of a kidnapped person, conduct alleged to be in violation of 18 U.S.C. § 875(a). Appellant first entered a plea of not guilty to the charges and filed a motion to dismiss the indictment. The district court denied the motion to dismiss, and appellant changed his plea to nolo contendere. The district court accepted the plea and entered judgment against appellant on all five counts of the indictment. Appellant was sentenced under the conviction on Count 1 to a term of imprisonment for days already served in pre-trial detention (approximately six months) and to a two year period of probation. The jurisdiction of the probation was transferred to the State of New York. Imposition of sentences under Counts 2 through 5 was suspended. Appellant then perfected an appeal to this Court.*fn1 We reverse.