John Culberson Smith v. United States

WISDOM, Circuit Judge:

This appeal challenges a sentence imposed in the probation revocation context. John Culberson Smith originally pleaded guilty on four separate indictments charging him with various offenses arising out of the burglary of a United States Post Office. 1 Although the four indictments originated in different districts, three of them were transferred to the district having jurisdiction over the fourth indictment, in accordance with Fed.R.Crim.P. 20. The court sentenced Smith on July 18, 1960.

On the first indictment, which charged violations of 18 U.S.C. §§ 1707 and 2115 in…