Roger S. Bandy v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, Kansas and United States Attorney General

Bandy was sentenced in 1959 by the United States District Court for the District of North Dakota to five years imprisonment and five years probation. He immediately filed a notice of appeal and signed a written election not to commence service of sentence pursuant to the then Rule 38(a) (2), Federal Rules of Criminal Procedure. The conviction was affirmed on appeal, Bandy v. United States, 296 F.2d 882 (8th Cir. 1961) and Bandy sought review by certiorari.

In 1961, while the above proceedings were pending, Bandy received eleven five year sentences from the United States District Court for the…