John Benson, Jr. v. United States

JOHN R. BROWN, Circuit Judge:

The question presented on this appeal is whether a single “general sentence” on three counts for a term within the aggregate sentence which could have been imposed should be allowed to stand when it is brought into question by a direct proceeding to correct sentence under F.R.Crim.P. 35. Our answer is in the negative though under no stretch of the imagination does this affect the conviction or anything other than the sentence (see note 10, infra).

Appellant is confined under what the sentencing Court called a “general sentence” of 15 years. It was imposed on…