James Delbert Smith v. United States

ORDER

Appellant seeks review of the denial of a motion under 28 U.S.C.A. § 2255. Only one of the issues raised warrants discussion.

Appellant alleges that when he was sentenced for violating 18 U.S.C. §§ 2312 and 2314, he had already been arrested-for a parole violation pursuant to a warrant issued by the United States Board of Parole (18 U.S.C. § 4205) and exe*1189cuted in conformity with 18 U.S.C. § 4206; and that although the district court had discretion to make his sentence for the 18 U.S.C. §§ 2312 and 2314 offenses concurrent with the unexpired term of the earlier sentence (compare United…