WILLIAM WASH MCGEHEE, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the Bank Robbery Act defines separate offenses, and prosecution by information is permissible for charges not involving the potential death penalty under 18 U.S.C.A. § 2113(e).
Appellant sought to set aside sentences imposed after conviction for offenses under the Bank Robbery Act, arguing that the Act constituted a single of…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Waiver Of Indictment cases and more on FLexlaw
PER CURIAM.
This is a proceeding under 28 U.S.C.A. § 2255 in which appellant sought to have sentences imposed after conviction upon informations for offenses arising under the Bank Robbery Act, 18 U.S.C.A. § 2113, set aside as denying him due process under the Fifth Amendment. Relief was denied by the trial court. The sole contention made is that the provisions of 18 U.S.C.A. § 2113 constitute but a single offense and that since Sec. 2113(e) carries the potential of a death sentence all accusations under the Act must be initiated by indictment. Rule 7(a), Federal Rules of Criminal Procedure, 18 U.S. C.A. Appellant was specifically charged under Sec. 2113(a), (b), and (d). He waived indictment in open court, pleaded guilty to the charges relating to Sec. 2113 (a) and (b) and the charge under Sec. 2113(d) was dismissed.
In Young v. United States, 10 Cir., 1961, 294 F. 2d 517, we held that Sec. 2113 was an aggregation of separate offenses, each subject to prosecution by information unless containing the elements set forth in Sec. 2113(e). Appellant was not charged under (e) and was not denied due process.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Barrett v. United States, 302 F.2d 151 (5th Cir. 1962)
Authorities Cited
- Oran Murray Young v. United States, 294 F.2d 517 (10th Cir. 1961)