DELAGE LARRY SMITH, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
PER CURIAM.
This is an appeal from an order denying a § 2255 (28 U.S.C.A.) motion to vacate a 15-year sentence based on a plea of guilty of illegally entering a bank with intent to commit a felony, 18 U.S. C.A. § 2113(a). Petitioner now contends that he was guilty only of larceny, 18 U. S.C.A. § 2113(b) which carries a maximum sentence of 10 years but that he was not guilty of unlawful entry, § 2113 (a), which has a maximum sentence of 20 years. Reliance on Prince v. United States, 1957, 352 U.S. 322, 77 S.Ct. 403, 1 L.Ed.2d 370, is misplaced as the Prince case merely proscribes the pyramiding of sentences for unlawful entry with intent to commit a felony or larceny, § 2113(a), and the consummated larceny or robbery, § 2113(b). But this does not effect a merger of the two distinct offenses. United States v. Williamson, 5 Cir., 1958, 255 F. 2d 512; Id., 5 Cir., 1959, 265 F. 2d 236. Petitioner here was charged with and convicted of unlawful entry alone and the District Court was correct in concluding that the motion and the files and records of the case conclusively show that petitioner was entitled to no relief.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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United States v. Goudy, 792 F.2d 664 (7th Cir. 1986)
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DeLage Larry Smith v. United States, 421 F.2d 150 (5th Cir. 1969)
-
Delage Larry Smith v. United States, 287 F.2d 164 (5th Cir. 1961)
Authorities Cited
- Prince v. United States, 352 U.S. 322 (U.S. 1957)
- United States v. Ellis Raymond Williamson, 255 F.2d 512 (5th Cir. 1958)
- Ellis Raymond Williamson v. United States, 265 F.2d 236 (5th Cir. 1959)