Crum

This is an appeal from an order of the district court denying a motion of appellant to vacate the sentence imposed upon him by the district court on July 29, 1937, and to re-sentence him in conformity to the provisions of 12 U.S.C.A. § 588b and § 588c. The indictment in the criminal case (C-15153) in question was in Four Counts and charged appellant with the violation of 18 U.S.C.A. § 88 in Count One. Counts Two and Three charged violations of 12 U.S.C.A. § 588b(a) and (b), respectively, and Count Four charged a violation of 12 U.S.C.A. § 588c.

On his plea of guilty (while represented by counsel) he was sentenced on Count One to imprisonment for a period of two years; on Count Two to imprisonment for a period of twenty years; on Count Three to imprisonment for a period of 25 years and a fine of $1,000; on Count Four to imprisonment for the term of 25 years. All four terms of imprisonment were to run concurrently. He is now confined in a United States penitentiary serving these sentences of imprisonment.

In his assignment of errors he challenges the application of the rule announced in Barkdoll v. United States, 9 Cir., 147 F.2d 617 , and asserts that he was wrongfully sentenced…