Bernard Young Smith v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas

297 F.2d 927, 1962 U.S. App. LEXIS 6219

• Court: Court of Appeals for the Tenth Circuit
• Decided: January 12, 1962
• Docket: 6865_1
• Status: Published

Opinion

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.