BOBBY RAY POWERS, PETITIONER-APPELLANT,
v.
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE
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The court held that the appellant was convicted of only one offense, not two, and his motion to reduce his sentence was without merit.
Appellant pleaded guilty to aiding and abetting the possession of counterfeit bills. He filed a motion to reduce his sentence, claiming he was convict…
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PER CURIAM:
Appellant pleaded guilty to Count Two of an indictment containing two numbered paragraphs. Paragraph 1 charged a co-defendant, Sanchez, with possession of counterfeit bills in violation of 18 U.S.C. § 472. Paragraph 2 charged appellant and others with aiding and abetting the offense described in paragraph 1 in violation of 18 U.S.C. § 2, the aider and abettor statute. Appellant was sentenced to six years, subject to 18 U.S.C. § 4208(a)(2).
By a § 2255 motion Powers seeks to have his sentence reduced on the theory he has been convicted and sentenced as both a principal and aider and abettor of the same offense. This is wholly without merit. The indictment charged him with only one offense. 18 U.S.C. § 2 does not define a crime but merely makes punishable as a principal one who aids and abets another in the commission of a substantive crime. United States v. Campbell, 426 F. 2d 547 (2d Cir. 1970). The sentence given appellant was well within the maximum, of 15 years which he could have received.
Appellant claims that the records of parole authorities show him to be guilty of two offenses, one as principal and the other as aider and abettor, which might impose an obstacle to his chances for parole. While we doubt his conclusory allegation, if any such misapprehension should arise appellant can remedy it by furnishing to the authorities a copy of this opinion confirming that he has been convicted of only a single offense.
Affirmed.
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United States v. Oates, 560 F.2d 45 (2d Cir. 1977)
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United States v. Cowart, 595 F.2d 1023 (5th Cir. 1979)
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United States v. Walker, 621 F.2d 163 (5th Cir. 1980)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- United States v. Campbell, 426 F.2d 547 (2d Cir. 1970)