Freeman v. United States

HAMILTON, Circuit Judge.

On March 6, 1940, appellant was convicted under a three-count indictment for a violation of the Internal Revenue Code, Title 26 U.S.C.A. Int.Rev.Code, § 2553(a), and also Title 18 U.S.C.A. § 88, Criminal Code, § 37.

On March 7, 1940, the court sentenced appellant to five years each on counts 1 and 2 and to two years on count 3, each sentence to run consecutively, and appellant was immediately incarcerated and is now confined in Alcatraz Penitentiary.

On February 17, 1942, appellant filed a motion in the original proceeding for correction of the sentence, claiming that he…