Rosso v. Aderhold

SIBLEY, Circuit Judge.

John Rosso, applicant for a writ of habeas corpus, was convicted February 4, 1924, on six counts of an indictment charging six several sales of heroin on different days and in varying quantities, but to the same man. The minute of his sentence reads: “Defendant present and sentenced to be imprisoned for two years each on first five counts and five years on sixth count, at federal penitentiary at Atlanta, Georgia, making a total of fifteen years.” He claims that since no order of sequence in serving the terms on the several counts was prescribed, they are concurrent, and…