Wilson

Appellant was indicted for violating § 588b of Title 12 U.S.C.A. The indictment was in two counts. Appellant pleaded guilty to both counts. Thereupon, on May 20, 1941, judgment was entered sentencing appellant to he imprisoned for seven years and six months on each count, the two sentences to run consecutively. On July 24, 1941, that judgment was vacated and a judgment was entered sentencing appellant to be imprisoned for seven years and six months on count 1 and for two years and six months on count 2, the two sentences to run consecutively. On December 17, 1943, appellant moved to vacate the judgment of July 24, 1941, hereafter called the judgment. From an order denying the motion this appeal is prosecuted.

The ground of the motion was that the judgment imposed two sentences for a single offense. 1 The judgment did impose two sentences — one on each of the two counts of the indictment — and did so upon the evident assumption that the two counts charged two distinct offenses. The motion challenged that assumption and asserted that the two counts charged a single offense.

Count 1 was based on subsection (a) of § 588b. Count 2 was based on subsections (a) and (b) of § 588b.…