Armstrong v. United States

ORR, Circuit Judge.

In the year 1949 appellant entered a plea of guilty to four counts of an indictment. Each count charged that appellant “did steal, take and abstract from and out of an authorized depository for mail matter, to-wit, (a certain) house letter box * * * a (certain) letter * * *.” The charges were brought under Sec. 1708, 18 U.S.C.A.

The trial court sentenced appellant to serve five years on the first count and three years on the remaining three counts. The three year terms were to run concurrently and to commence at the expiration of the five year term.

On September 26, 1950…