Arthur Dale Jack v. United States

BREITENSTEIN, Circuit Judge.

Appellant was charged in a 2-count indictment with violations of 18 U.S.C. § 659 by the theft of an interstate shipment of wheat and by the interstate transportation of that wheat with knowledge that it was stolen. The jury found him guilty on each count. The court sentenced him under 18 U.S.C. § 4208(b) to the maximum term of 10 years and directed the study described in § 4208 (c).

Notice of appeal was filed. On August 12, 1963, after receiving the report from the Director of Prisons the court reduced the sentence to five years but did so without the presence of…