Warren David Smith v. United States

Warren David Smith, a federal prisoner at Alcatraz, brought this proceeding in district court under 28 U.S.C.A. § 2255 and rule 35, Federal Rules of Criminal Procedure, 18 U.S.C.A. By these alternative means he sought to set aside sentences of twenty and twenty-five years imposed under counts II and III of an information, and to leave in effect only a ten-year sentence imposed under count I. The district court denied the relief prayed for and Smith appeals.

The relevant facts are not in dispute. On June 8 1953, indictment having been waived, a three-count information was filed charging Smith with offenses under the Federal Bank Rubbery Act, 18 U.S.C.A. § 2113 . In count I Smith was charged with stealing $50,000 from the Lynwood Branch of the First National Bank of Everett on May 29, 1953, in violation of 18 U.S.C.A. § 2113 (b). In count II he was charged with entering that bank on that date with intent to commit larceny in violation of 18 U.S.C.A. § 2113 (a). In count III he was charged with assaulting one Kenneth Killien and others and putting their lives in jeopardy by the use of a dangerous weapon while committing the offenses charged in counts I and II in violation of 18…