Nivens v. United States

HOLMES, Circuit Judge.

Claud Nivens was tried and convicted on four counts of an indictment charging him with passing counterfeit money and conspiring to commit such offense. It was the sentence of the court that he be imprisoned in the penitentiary at Leavenworth, Kansas, “for a term and period of seven years each, on the first, second, and third counts in the indictment, and two years on the fourth count of the indictment, twenty-three years in all, not to run concurrently, sentence to begin October 14, 1936.” The commitment followed the language of the sentence.

In 1943 appellant filed a…