Kenneth A. Green v. United States
Opinion
Opinion
Jertberg, J.
Appellant was convicted on his plea of guilty to both counts of a two-count indictment, each charging the offense of violating Title 18 U.S.C.A. § 2314 , in that appellant unlawfully and fraudulently caused to be transported in interstate commerce a false security, the cheek in Count 1 being in the amount of $214.45 and the check in Count 2 in the amount of $322.
On December 14, 1959, appellant was sentenced under Count 1 to imprisonment for two years. Imposition of sentence under Count 2 was suspended, and appellant was placed on probation for a period of five years, to commence upon completion of service of sentence imposed on Count 1. On the same day, the district court ordered a stay of execution of the sentence until twelve o’clock noon, January 18, 1960.
On April 25, 1960, following appellant’s conviction on his plea of nolo contendere to a one-count indictment charging violation of Title 18 U.S.C.A. § 2314 , alleged to have been committed on or about January 8, 1960, the appellant was sentenced to imprisonment for three years, such sentence to run concurrently with the sentence imposed under the two-count indictment.