United States of America Ex Rel. L. B. Binion v. James v. Ryan, United States Marshal for the Eastern District of Pennsylvania

GANEY, Circuit Judge.

On December 14, 1953, in the District Court for the Western District of Texas, the appellant herein entered a plea of guilty to two indictments charging income tax evasion for the years 1947 and 1948. The court sentenced him to three concurrent terms of five years each, to be followed by probation for three years and imposed a fine of $20,000.

The appellant began serving his sentences on December 14, 1953. In August, 1956, the appellant filed a motion under 28 U.S.C. § 2255, to correct the Texas sentences alleging that they were excessive. This motion was denied by the…