Alexander Jimmie Hill v. United States

Alexander Jimmie Hill appeals from a district court order denying his motion, made under 28 U.S.C. § 2255 , to vacate sentences which he has been serving since May 14, 1958.

An indictment containing six counts w-as filed against Hill and four co-defendants. Count 1 charged them with conspiring, in violation of 18 U.S.C. § 371 , to: (1) rob a national bank located at North Richland, Washington, on January 17, 1958, by force and violence, in violation of 18 U.S.C. § 2113 (a); (2) enter that bank knowingly on that date with the intent of committing a larceny, in violation of 18 U.S.C. § 2113 (a); (3) assault an employee of the bank knowingly and unlawfully while committing the offenses referred to above, in violation of 18 U.S.C. § 2113 (d); and (4) receive, possess and conceal, knowingly and unlawfully, on January 17, 1958, moneys belonging to that bank knowing them to have been taken from the bank by armed robbery, in violation of 18 U.S.C. § 2113 (c).

Counts 2, 3, 5 and 6 charged the defendants with substantive offenses of the kind described, respectively, in sub-paragraphs (2), (1), (3) and (4) above. Count 4 charged them with the substantive offense of knowingly and unlawfully…