UNITED STATES v. CROFT

No. 71-1004.

450 F.2d 1094 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Bert CROFT, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

November 17, 1971.


Attorney(s) appearing for the Case

John Montjoy, Louisville, Ky. (Court appointed), for defendant-appellant; J. Larry Cashen, Wyatt, Grafton & Sloss, Louisville, Ky., on brief.

Edward M. Steutermann, Louisville, Ky., for plaintiff-appellee; George J. Long, U. S. Atty., A. Duane Schwartz, Asst. U. S. Atty., Louisville, Ky., on brief.

Before MILLER and KENT, Circuit Judges, and McALLISTER, Senior Circuit Judge.


McALLISTER, Senior Circuit Judge.

Appellant Croft was sentenced by the District Court to a term of three years for violation of a federal statute. Thereafter, he was indicted and convicted in the state court for violation of two state charges, and sentenced to a term of two years to run concurrently, one with the other, and with the federal sentence. However, instead of first being sent to a federal penitentiary, he was sent to the state prison. When he was released...

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