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KELLY v. UNITED STATES

No. 16324.

297 F.2d 437 (1961)

H. Neil KELLY, Jr., Appellant v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 21, 1961.

Petition for Rehearing Denied February 2, 1962.

Attorney(s) appearing for the Case

Messrs. Patrick J. Head and John J. Nealon, Washington, D. C., with whom Mr. John L. Ingoldsby, Jr., Washington, D. C., was on the brief, for appellant.

Mr. Anthony G. Amsterdam, Asst. U. S. Atty., Washington, D. C., with whom Messrs. David C. Acheson, U. S. Atty., and Nathan J. Paulson and Frederick G. Smithson, Asst. U. S. Attys., were on the brief, for appellee. Messrs. Charles T. Duncan, Principal Asst. U. S. Atty., and John R. Schmertz, Jr., Asst. U. S. Atty., also entered appearances for appellee.

Before WILBUR K. MILLER, Chief Judge, and EDGERTON and FAHY, Circuit Judges.

Petition for Rehearing En Banc Denied En Banc February 2, 1962.

PER CURIAM.

This is an appeal from a judgment of conviction, after jury trial, on four counts of an indictment charging the defendant with false pretenses, as defined in 22 D.C.Code § 1301 (1961). Defendant, the appellant, was sentenced to a term of from one to three years on each count, the sentences, however, to run concurrently. Because of the concurrent character of the sentences the...

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