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UNITED STATES v. RAYMOND

No. 139, Docket 23309.

218 F.2d 952 (1955)

The UNITED STATES of America, Plaintiff-Appellee, v. Robbie RAYMOND, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 26, 1955.

Attorney(s) appearing for the Case

C. W. Wickersham, Jr., Asst. U. S. Atty., Brooklyn, N. Y. (Leonard P. Moore, U. S. Atty., and Richard C. Packard, Asst. U. S. Atty., Brooklyn, N. Y., on the brief), for plaintiff-appellee.

Henry Singer, Brooklyn, N. Y. (Harry Silver, Brooklyn, N. Y., on the brief), for defendant-appellant.

Before CLARK, Chief Judge, and FRANK and HINCKS, Circuit Judges.

PER CURIAM.

Judge Abruzzo correctly held that in the absence of special designation pursuant to 18 U.S.C. § 3568 defendant's federal and state sentences cannot be considered to have been served simultaneously. Strewl v. McGrath, 89 U.S.App.D.C. 183, 191 F.2d 347, certiorari denied 343 U.S. 906, 72 S.Ct. 637, 96 L.Ed. 1325. This is particularly true where, as here, the prisoner was surrendered by state authorities under a writ...

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