UNITED STATES v. KENTON

No. 191, Docket 31826.

386 F.2d 143 (1967)

UNITED STATES ex rel. Frank SACCO, Appellant, v. Frank F. KENTON, Warden, Federal Correctional Institution, Danbury, Connecticut, Appellee.

United States Court of Appeals Second Circuit.

Decided November 9, 1967.


Attorney(s) appearing for the Case

Leon J. Greenspan, White Plains, N. Y. (Greenspan & Aurnou, White Plains, N. Y., on the brief), for appellant.

John F. Mulcahy, Jr., Asst. U. S. Atty., District of Connecticut (Jon O. Newman, U. S. Atty., Connecticut, on the brief), for appellee.

Before FRIENDLY, KAUFMAN and ANDERSON, Circuit Judges.


ANDERSON, Circuit Judge:

On June 18, 1964 the petitioner was sentenced on the first count of a two count indictment to five years imprisonment for an offense, the maximum penalty for which was ten years. At the same time he was sentenced to seven years on the second count for an offense, the maximum penalty for which was five years. The sentences were ordered to be served concurrently. The sentencing judge made clear on the record that his evaluation of the case called...

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