Barkdoll

Count 1 of the indictment charged appellant with the violation of Section 88, Title 18 U.S.C.A.; counts 2 and 3 with violations of Section 588b(a) and (b), Title 12 U.S.C.A.; and count 4 with violation, of Section 588c, Title 12 U.S.C.A.

Appellant plead guilty to all four counts» The court sentenced appellant on July 29, 1937, to 2 years’ imprisonment on count 1, 20 years on count 2, 25 years on count 3, and to life imprisonment on count 4. The terms of imprisonment on counts 1, 2 and 3 were to run consecutively but concurrently with the term of life imprisonment on count 4,

On May 24, 1943, appellant made application for amendment and correction of sentence on the ground that counts 2 and 3 charged violation of the same offense and only one sentence should have been imposed, and further that count 4 of the indictment was not valid and sufficient. The appellant has appealed from the judgment of the lower court denying the application for correction of the sentences. This Court has held that Section 588b defines one crime, aggravated or not aggravated. Only one sentence can be imposed. Wilson v. United States, 9 Cir., 145 F.2d 734 ; Dimenza v. Johnston, 9 Cir., 130 F.2d 465 . See…

(dissenting).

Appellant was indicted in the District Court of the United States for the District of Oregon. The indictment was in four counts. Appellant pleaded guilty to each count and was .thereupon sentenced to be imprisoned for 2 years on count 1, for 20 years on count -2, for 25 years on count 3, and for life on count 4, the sentences on counts 1, 2 and 3 to run consecutively, the sentence on count 4 to run concurrently with the sentences on counts 1, 2 and 3.

The judgment sentencing appellant was entered on July 29, 1937. The United States penitentiary at Alcatraz Island, CaliT fornia, was designated as the place where his sentences should be served. He began serving his sentences on counts 1 and 4 on July 29, 1937. His sentence on count 1‘ expired on July 29, 1939. Since that date he has been, and is now, serving his sentences on counts 2 and 4.

On May 24, 1943, at Alcatraz Island, California, appellant signed and verified 1 a motion entitled “The petitioner’s motion for amendment and correction of sentence” 2 and an affidavit entitled “Affidavit for leave to file and prosecute the petitioner’s motion annexed Hereto for correction of sentence in forma pauperis.” 3 On or…