(DOWNLOAD) "Woods Construction Co. v. Pool Construction Co." by United States Court of Appeals Tenth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Woods Construction Co. v. Pool Construction Co.
- Author : United States Court of Appeals Tenth Circuit
- Release Date : January 31, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This is an appeal from an Order of the District Court summarily denying petitioners motion under 28 U.S.C.A. § 2255, for the correction of a sentence, based on his contention that it should be construed, by its terms, to run concurrently with the sentence he is now serving. We granted leave to appeal in forma pauperis, ordered the record certified here, and appointed counsel who filed brief and argued the case on behalf of the petitioner. The case is submitted to us on these facts: Petitioner was sentenced by the United States District Court for the Eastern District of Virginia to a three-year term on Count One, and a one-year term on Count Two of an indictment, the one-year term to run consecutively to the three-year term. On the same day, the same Court sentenced the petitioner to a term of three years on another indictment, the sentence to run consecutively to the sentences imposed under the prior indictment. Apparently while in custody, serving the aggregate four-year sentence under the first indictment, petitioner escaped. On his plea of guilty to the charge of escaping, the Kansas District Court pronounced a sentence of two years and six months, "this sentence to run consecutively with the sentence now being served by you." Acting under Rule 35, F.R.Crim.P., the Court subsequently reduced the sentence to impose a maximum term of two years, "such sentence to run consecutively to the sentence which he is now serving."
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