We heretofore, on April 26, 1961, affirmed the judgment of conviction including the sentences imposed on the defendants herein. 7 Cir., 290 F.2d 285. Thereafter defendant Doris Keane filed a petition for rehearing on May 11, 1961, which we denied on May 18, 1961. On May 24, 1961 she filed a motion to stay mandate, and on May 25, 1961 we stayed the mandate for 45 days. That writ issued from this court to the district court on July 7, 1961 and was filed in the district court on July 10, 1961. Defendants filed a motion to recall the mandate on July 10, 1961 and on July 26, 1961 this court denied said motion.

Finally, defendant contends that the trial court grossly abused its discretion in imposing the challenged sentence on defendant. Relevant and controlling is our recent statement that the "punishment imposed was within that authorized by that statute and on the record and under the circumstances here involved it was not excessive. United States v. Coduto, 7 Cir., 284 F.2d 464, 469, certiorari denied 365 U.S. 881, 81 S.Ct. 1027, 6 L.Ed.2d 192; United States v. Chicago Professional Schools, Inc. et al., 7 Cir., 290 F.2d 285, concurring opinion [April 26, 1961]." United States v. Shaffer et al., 7 Cir., 1961, 291 F.2d 689.

Count V of the indictment charged a violation of 26 U.S.C.A. § 7203. The punishment imposed was within that authorized by that statute and on the record and under the circumstances here involved it was not excessive. United States v. Coduto, 7 Cir., 284 F.2d 464, 469, certiorari denied 365 U.S. 881, 81 S.Ct. 1027, 6 L.Ed.2d 192; United States v. Chicago Professional Schools, Inc., et al., 7 Cir., 290 F.2d 285, concurring opinion. Defendants' contention that Count V charges a violation of 26 U.S.C.A. § 7272 (which imposes "a penalty of $50") rather than of § 7203 is without substance.

Yet the concept of judicial discretion cannot be permitted to result in the thwarting of federal constitutional rights. United States v. Chicago Professional Schools, 290 F.2d 285, 287 (7 Cir. 1961). This court is aware of the sentencing difficulties that will confront the state courts in devising new sentencing techniques that will give full credit for the time served and likewise preserve the prisoner's parole eligibility and good time credit to which he was entitled under the former sentence.