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UNITED STATES v. ABIGANDO

No. 29492.

439 F.2d 827 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy Victor ABIGANDO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 11, 1971.

Attorney(s) appearing for the Case

Louis F. Ray, Jr., of Holsberry, Emmanuel, Sheppard & Mitchell, Pensacola, Fla., for defendant-appellant.

William Stafford, U. S. Atty., Clinton Ashmore, C. W. Eggart, Jr., Asst. U. S. Attys., for plaintiff-appellee.

Before RIVES and SIMPSON, Circuit Judges, and NICHOLS, JR., Judge, Court of Claims.

RIVES, Circuit Judge:

Abigando appeals from his conviction on a two-count indictment charging separately the interstate transportation of two stolen motor vehicles in violation of 18 U.S.C. § 2312. He was sentenced to five years' imprisonment on each count, the sentences to run concurrently. While mindful of the "concurrent sentence doctrine" as enunciated in Hirabayshi v. United States, 1943, 320 U.S. 81, 63 S.Ct. 1375, 87 L.Ed...

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