Forrest Silva Tucker v. United States

This is an appeal from an order denying a writ in the nature of a writ of error coram nobis in the United States District Court for the Southern District of California. The court below had jurisdiction under the All Writs Statute, 28 U.S.C. § 1651 . United States v. Morgan, 1954, 346 U.S. 502 , 74 S.Ct. 247 , 98 L.Ed. 248 .

Appellant was sentenced to serve twenty-five years for armed bank robbery in the United States District Court for the Northern District of California ( 18 U.S.C. § 2113 ). Before starting to serve sentence, he was thereafter convicted of the same offense, armed bank robbery, in the United States District Court for the Southern District of Cali fornia. He was sentenced to serve five consecutive years.

He then stated he would like to move for a new trial. His attorney asked to be relieved. The trial judge said:

The defendant Tucker then asked that his sentencing be continued. The court refused the requested continuance, and the defendant stated:

Defendant Tucker did nothing with respect to his conviction in Southern California, although he appealed his conviction in the Northern California matter. All the foregoing occurred in August 1953.

Appellant was…