The appellant, James Arthur Joseph, was convicted on his plea of guilty to two counts of check forgery in violation of 18 U.S.C. § 2314. The aggregate amount of the two checks, both written on the same day, was $691.29. Joseph was sentenced under 18 U.S.C. § 4208(a) (2) 1 to three years on each count, the sentences to run consecutively.

On this appeal, Joseph urges (1) that the severity of his sentence constitutes cruel and unusual punishment, and (2) that this Court has power to modify it under the authority of 28 U.S.C. § 2106 and United States v. Wiley, 278 F.2d 500 (7th Cir. 1960).

We do not believe this sentence constitutes cruel and unusual punishment. See, Weems v. United States, 217 U.S. 349, 30 S.Ct. 544, 54 L.Ed. 793 (1910); United States ex rel. Darrah v. Brierley, 415 F.2d 9 (3rd Cir. 1969). Cf. United States v. McKinney, 427 F.2d 449 (6th Cir. 1970). Nor do we find any reason to modify the sentence: Joseph had a prior criminal record; the sentence of three years on each count was clearly within the statutory limits, see, Cassidy v. United States, 428 F.2d 585 (8th Cir. 1970); Jones v. United States, 396 F.2d 66 (8th Cir. 1968); and the sentence specifically authorized the release of the appellant on parole at such time as the parole board may determine. See, United States v. McPeek, 306 F.Supp. 914 (S.D.Fla. 1969).

The judgment is affirmed.