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UNITED STATES v. SPOSATO

No. 42.

73 F.2d 186 (1934)

UNITED STATES v. SPOSATO.

Circuit Court of Appeals, Second Circuit.

October 15, 1934.

Attorney(s) appearing for the Case

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y. (Justin C. Morgan, Asst. U. S. Atty., of Buffalo, N. Y., of counsel), for the United States.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

PER CURIAM.

This appeal does not involve the question of the guilt or innocence of the appellant. His sole assignment of error is that the court, in imposing five sentences to run consecutively, did so unlawfully, because after the effective date of section 709a of title 18, U. S. Code (18 USCA § 709 (a), it is said that the court lost the power of imposing consecutive sentences. The appellant pleaded guilty on the five counts of the indictment and received a...

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