United States v. Richard Jack

This is another case involving the concurrent sentence doctrine. In 1961, appellant was indicted on three counts for violations of the federal narcotics laws ( 21 U.S.C. § 174 ). He entered a plea of not guilty to all counts. While awaiting trial, a second indictment was filed charging appellant with other violations of the narcotics laws. In 1963, he withdrew his not guilty plea and entered a plea of guilty as to one of the first indictment counts.' He also plead guilty to the charge contained in the second indictment. He was sentenced to imprisonment for terms of 18 years on both counts, the sentences to run concurrently. The remaining counts of the first indictment were dismissed.

In 1965, appellant filed a motion pursuant to 28 U.S.C. § 2255 to have these sentences vacated on the ground that the district court, in accepting his guilty plea, had not satisfied the requirements of Rule 11 of the Fed.Rules of Crim.Pro-cedure. The motion was granted. Thereafter, he was reindicted on four counts. Count 2 was dismissed, and count 4 was transferred to another division for trial.

In 1966, after a jury trial, appellant was found guilty on counts 1 and 3. He was sentenced to…