Warren David Smith v. United States

On June 8, 1953, appellant pleaded guilty to the crime of bank robbery as charged in three counts of an information. Count I charged theft from a bank in Lynnwood, Washington, under 18 U.S.C. § 2113 (b). Count II charged entering the bank with intent to commit robbery under § 2113(a). Count III charged under § 2113(d) that in committing the offenses charged in the other counts, appellant had “assaulted one Kenneth Killien and others and put their lives in jeopardy by the use of a dangerous weapon.”

Upon his plea, appellant was sentenced on Count I to ten years’ imprisonment and to pay a fine of $1.00, on Count II to twenty years’ imprisonment and to pay a fine of $5,000.00, on Count III to twenty-five years’ imprisonment and to pay a fine of $10,000.00. The prison terms were ordered to be served concurrently.

On September 29,1958, by order of the district court, the judgment, sentence and commitment under Counts I and II were vacated and set aside. Appellant is now serving his sentence under Count III.

In the present proceedings, by what he has in propria persona designated as a motion in the nature of a writ of error coram nobis, appellant attacks the validity of the sentence…