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UNITED STATES v. O'BRIEN

Nos. 9719, 9720.

349 F.2d 375 (1965)

UNITED STATES of America, Appellee, v. Harold Joseph O'BRIEN, also known as M. Victor Mackey, aka Maurice Victor Mackey, Appellant.

United States Court of Appeals Fourth Circuit.

Decided July 6, 1965.

Attorney(s) appearing for the Case

Philip H. Goodman, Baltimore, Md. (Court-assigned counsel), for appellant.

Roger C. Duncan, Asst. U. S. Atty. (Thomas J. Kenney, U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, SOBELOFF, Circuit Judge, and BUTZNER, District Judge.

PER CURIAM:

O'Brien was convicted of interstate transportation of forged securities and committed to the custody of the Attorney General for study and recommendations under 18 U.S.C.A. § 4208(b). Upon receipt of the report of the Bureau of Prisons, on September 25, 1962, the District Judge imposed a sentence of ten years. The defendant was not present when this sentence was imposed. Upon the decision in the Behrens case, United States v. Behrens,

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