United States ex rel. Kutler v. Hill

JOHNSON, District Judge.

This is a petition for a writ of habeas corpus by an inmate of the United States Northeastern Penitentiary at Lewisburg, Pa.

The petitioner entered a plea of nolo contendere to an indictment in four counts. A general sentence of three years’ imprisonment was imposed. The petitioner contends that all the counts of the indictment charge but a single offense of conspiracy and that the offense charged in each count would be proved by the same evidence; that, since the maximum sentence for conspiracy is two years, and since only one offense is charged, the sentence of three…