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HOWARD v. UNITED STATES

No. 13719.

247 F.2d 537 (1957)

Edward HOWARD, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 13, 1957.

Petition for Rehearing Denied August 16, 1957.

Attorney(s) appearing for the Case

Mr. Leonard J. Emmerglick, Washington, D. C., (appointed by this Court) for appellant.

Mr. Nathan J. Paulson, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Edward P. Troxell, Principal Asst. U. S. Atty., Lewis Carroll and Harold H. Greene, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, WASHINGTON and BURGER, Circuit Judges.

PER CURIAM.

The appeal is from the denial of a motion under 28 U.S.C. § 2255 (1952). Two questions are presented. The first is whether appellant's sentence should be vacated because he is required to serve consecutively two terms of imprisonment, one for three years to nine years for forgery of a document and the other for three years to nine years for uttering the same forged document. 18 U.S.C. § 495 (1952). The validity of the sentences we think is sustained...

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