John R. Bayless v. United States

This is an appeal from a denial of a motion under § 2255 of Title 28 United States Code after a previous conviction of bank robbery, and an unsuccessful appeal therefrom. Cf. Bayless v. United States, 9 Cir., 1953, 200 F.2d 113 , rehearing denied.

Appellant was convicted on three counts, the first of bank robbery ( 18 U.S.C. § 2113 (a) — the second of putting the life of the bank teller in jeopardy by use of a deadly weapon ( 18 U.S.C. § 2113 (d), and the third of transporting the money robbed from the bank from Los Angeles County to New York City ( 18 U.S.C. § 2314 ). Appellant was sentenced to twenty years on Count I, twenty-five years on Count II, and ten years on Count III. The first two sentences ran concurrently, the third was cumulative. In this proceeding, appellant attacks only the sentence on the third count, claiming the crime “merges” with the crimes charged in Counts I and II.

The government first urges that appellant has no standing to move under § 2255, — that such section applies only to those “claiming the right to be released,” and that appellant claims no such right, and cannot until he has served his time under Counts I and II.

We have frequently so ruled.…