BENSON v. UNITED STATES

No. 25850.

405 F.2d 467 (1968)

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

United States Court of Appeals Fifth Circuit.

December 13, 1968.


Attorney(s) appearing for the Case

John Benson, Jr., pro se.

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

Before ALDRICH, GODBOLD and DYER, Circuit Judges.


ALDRICH, Circuit Judge.

This opinion concerns subsequent chapters in the sentencing of appellant Benson, whose original sentence was vacated by this court in Benson v. United States, 5 Cir., 1964, 332 F.2d 288. The facts were these. Benson had pleaded guilty to a three-count indictment under which he could have been sentenced to five years on count one and ten years on each of the others. Instead of sentencing separately and consecutively...

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