Staley, Chief Judge, and McLaughlin and Smith, Circuit Judges.
The only question before us is what were the effective sentences imposed upon defendant-appellant. Whatever confusion there may have been regarding this, and it is more apparent than real, is best clarified by stating the sentencing process.
The defendant pleaded guilty to counts 2, 14 and 15 of a 19 count indictment. Those counts charged defendant with three separate offenses under 18 U.S.C. § 2314, transportation of a forged warehouse receipt in interstate commerce. Each of those offenses had a maximum penalty of ten years imprisonment. Defendant also pleaded guilty to count 1 of an information against him for conspiracy to violate the provisions of 18 U.S.C. § 2314. This had a maximum penalty of five years.
The defendant was before the court for sentence on May 28, 1965. The trial judge explained to him the statutory process whereby the court would be enabled to obtain further necessary information regarding him prior to imposing final sentence. The court said:
"The Congress of the United States has provided for sentencing Federal Judges a means of invoking for their assistance further information, the results of further study, so that when the sentencing Judge is called upon to impose his final sentence he can feel in his conscience that he has left no stone unturned in his efforts to understand the individual."
The court then quoted the pertinent law:
"Section 4208, subdivision (b) of Title 18 of the Criminal Code of the United States makes this provision:
'If the Court desires more detailed information as a basis for determining the sentence to be imposed, the Court may commit the defendant to the custody of the Attorney General, which commitment shall be deemed to be for the maximum sentence of imprisonment prescribed by law for a study as described in subsection (c) hereof.'"
The court then pronounced the necessary sentence for study purposes under the above statute:
"In order to evoke, or appropriately utilize the provisions of the statute which I previously read to you, Section 4208(b) it is necessary that I impose a penalty on each of the counts to which you have pleaded guilty, consisting of the maximum sentence of imprisonment provided by the statute upon which the particular count or counts of the indictment or information were based.
"Therefore, in accordance with the provision of Section 4208(b) of Title 18, it is the sentence of this Court that you be committed to the custody of the Attorney General, which commitment shall be deemed to be for the maximum sentence of imprisonment prescribed by the law -- and I have read you those maximum sentences -- for a study as described in subsection (c) thereof, which I have read to you. In due time, within the period prescribed by the statute or enlarged under the limitation by the Court, you will be brought before me for further consideration, at which time I will have the benefit of a complete report on you, together with the recommendations of the Director of the Bureau of Prisons. Those recommendations are not binding, but I sincerely and earnestly hope that they will be helpful to me.
"Such is the disposition of the penalty in your case."
Study judgments were entered in due course on both the substantive counts and the conspiracy count.
On August 17, 1965, after the conclusion of the statutory study of the defendant, the latter was finally ...