(dissenting).
I dissent. I think the case should be affirmed. The sentence complained of was imposed on Jenkins prior to the decision in the Green case, supra. As stated by Mr. Justice Stewart in his special concurring opinion, “I would apply such a rule prospectively, in the exercise of our supervisory capacity.” [365 U.S. 301, 81 S.Ct. 656.] To hold otherwise would flood the courts with criminal appeals which could serve the defendants no useful purpose, as it would only mean resentencing and would have no effect on the conviction.