S. J. Wilburn v. United States

BREITENSTEIN, Circuit Judge.

Appellant Wilburn seeks relief under 28 U.S.C. § 2255 on the ground that he was convicted of, and sentenced on, two separate offenses whereas the record shows that he committed but one.

Wilburn was charged in a four-count indictment with unlawfully possessing stolen letters, knowing the same to have been stolen, in violation of 18 U.S.C. § 1708. Each count referred to a separate letter. He was found guilty on counts 2 and 4. In count 2, Wilburn and one Martin were jointly charged with the possession on or about September 4, 1959, of a stolen letter addressed to…