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BENSON v. UNITED STATES

No. 21300.

332 F.2d 288 (1964)

John BENSON, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 28, 1964.

Attorney(s) appearing for the Case

John Benson, Jr., pro se.

H. M. Ray, U. S. Atty., George H. Dulin, Asst. U. S. Atty., Oxford, Miss., for appellee.

Before TUTTLE, Chief Judge, and POPE and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

The question presented on this appeal is whether a single "general sentence" on three counts for a term within the aggregate sentence which could have been imposed should be allowed to stand when it is brought into question by a direct proceeding to correct sentence under F.R.Crim.P. 35. Our answer is in the negative though under no stretch of the imagination does this affect the conviction or anything other than the sentence (see note...

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