UNITED STATES v. KIMBERLIN

No. 81-2222.

675 F.2d 866 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Brett C. KIMBERLIN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 13, 1982.


Attorney(s) appearing for the Case

Nile Stanton, Indianapolis, Ind., for defendant-appellant.

John Thar, Asst. U. S. Atty., Indianapolis, Ind., for plaintiff-appellee.

Before CUMMINGS, Chief Judge, POSNER, Circuit Judge, and BARTELS, Senior District Judge.


POSNER, Circuit Judge.

This appeal from the denial of a federal prisoner's collateral attack on his sentence requires us to consider the current validity and scope of the concurrent sentence doctrine and the power of a judge other than the sentencing judge to entertain a collateral attack on the sentence.

The appellant, Brett Kimberlin, was tried on an indictment charging him with 34 counts of violating various federal criminal statutes. The jury acquitted...

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