Jernigan v. United States

Order BEFORE: WEICK, MARTIN and JONES, Circuit Judges This matter is before the Court upon petitioner's motion for bond pending appeal. Upon consideration of the record and the briefs, the Court concludes that the claim made by petitioner is without merit. Petitioner was convicted by a federal jury of two counts for violations of the Dyer Act, 28 U.S.C. §§ 2312, 2313. Petitioner was sentenced to three years on the first count and he received a suspended sentence on the second court. At the time of his federal sentencing, petitioner was in the custody of the state of Alabama. Because the judgment order does not specify whether the three-year sentence was to operate consecutively or concurrently with petitioner's state custody, petitioner filed a motion to vacate sentence pursuant to 28 U.S.C. § 2255 alleging that federal sentence is presumed to operate concurrently with the state sentence. The district court correctly overruled petitioner's motion.