Aubrey Thomas Helms v. Olin Blackwell, Warden, United States Penitentiary, Atlanta, Georgia

Appellant, having been indicted by a federal grand jury for a Dyer Act violation, 18 U.S.C.A. § 2312, and with appointed counsel, entered a plea of guilty. He was sentenced to four years with the sentence to run concurrently with a state sentence he was then serving. Within a few days he was released from state custody and turned over to federal authorities. Thereafter he filed a motion for a writ of habeas corpus in the District Court, alleging that the court had illegally sentenced him since the court did not have the power to impose such a concurrent sentence.

The United States Attorney,…