United States v. Robert J. Allen

Defendant appeals from an order of the district court denying his motion to vacate a “Corrected and Amended Judgment and Commitment Order.” After pleading guilty to three counts of an indictment relating to mail fraud, the district court sentenced defendant to 42 months of confinement. The order specified that the sentence run concurrently with a prior sentence which had been imposed in July 1976 by the State of Texas which defendant was then serving and that defendant receive full credit for all time spent in state custody since July 1976.

Several months after sentencing, the district court,…