WILSON v. UNITED STATES

No. 7097.

310 F.2d 879 (1962)

Calvin Gerald WILSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

November 20, 1962.


Attorney(s) appearing for the Case

John Kintzele, Denver, Colo., for appellant.

Jack R. Parr, Asst. U. S. Atty. (B. Andrew Potter, U. S. Atty., was with him on the brief), for appellee.

Before BRATTON, BREITENSTEIN and HILL, Circuit Judges.


PER CURIAM.

Appellant Wilson pleaded guilty to two counts of an indictment and received a five-year term on each count with the sentences to run consecutively. By motion, under Rule 35, F.R.Crim.P., he asserted that the consecutive sentences were illegal because the charges contained in each count arose out of the same transaction. The trial court treated the motion as one made under 28 U.S.C. § 2255 and denied relief.

As Rule 35 permits the correction...

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