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GILBERT v. UNITED STATES

No. 22488.

401 F.2d 507 (1968)

R. Milo GILBERT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

October 2, 1968.

Attorney(s) appearing for the Case

Edward J. Skelly (argued), North Hollywood, Cal., for appellant.

Anthony Glassman (argued), Asst. U. S. Atty., Wm. M. Byrne, U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Criminal Div., James E. Shekoyan, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before HAMLEY and MERRILL, Circuit Judges, and KILKENNY, District Judge.

PER CURIAM:

Appellant's sole assignment of error is that the Court should have corrected, under Rule 35 F.R.Crim.P., an alleged illegal sentence.

In January, 1960, appellant was convicted on 31 counts for violations of 26 U.S.C. § 7206(2) and 18 U.S.C. § 1001. Appellant was sentenced to confinement for a period of one year and one day on each count, with the sentences to run consecutively, a total sentence of 31 years and 31 days. This court reversed...

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