John Benson, Jr. v. United States

ALDRICH, Circuit Judge.

This opinion concerns subsequent chapters in the sentencing of appellant Benson, whose original sentence was vacated by this court in Benson v. United States, 5 Cir., 1964, 332 F.2d 288. The facts were these. Benson had pleaded guilty to a three-count indictment under which he could have been sentenced to five years on count one and ten years on each of the others. Instead of sentencing separately and consecutively, the court imposed a single, so-called general sentence of fifteen years. On an appeal from an adverse decision of the district court on a Rule 35 motion, 18…