Kelley v. United States

This is an appeal from an order dismissing an application for modification of a sentence by suspending the execution thereof under the Federal Probation Act, 18 U.S.C.A. § 3651.

On a plea of guilty to an information, Kelley on October 29,1952, was sentenced to the custody of the Attorney General for imprisonment for a term of five years to commence “upon the expiration of, or legal release” from the sentence he was then serving at the Federal Reformatory at El Reno, Oklahoma. On December 24, 1952, the court modified the sentence in the instant case by reducing the term thereof from five to…