BERNARD YOUNG SMITH, APPELLANT,
v.
J. C. TAYLOR, WARDEN, UNITED STATES PENITENTIARY, LEAVENWORTH, KANSAS, APPELLEE

10th Cir. | 1962-01-12
No. 6865
Before MURRAH, Chief Judge, LEWIS, Circuit Judge, and RICE, District Judge,
297 F.2d 927 United States Court of Appeals for the Tenth Circuit (1962) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from the j'udgment of the United States District Court, District of Kansas, denying appellant’s application for a writ of habeas corpus,

Appellant was consecutively sentenced, pursuant to his pleas of guilty to various counts contained in three separate indictments, to an aggregate total of twenty-one years. Sentences on the remaining counts were made to run concur rently with one or more of the consecutively imposed sentences. Appellant’s sole contention is that the sentencing court was without power, in the absence of specific statutory authorization, to impose consecutive sentences. The contention is patently meritless and, on authority of Carmack v. United States, 10 Cir., 296 F. 2d 893, and Swepston v. United States, 8 Cir., 289 F. 2d 166, the judgment is affirmed.


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