John R. Bayless v. United States

We have before us an appeal from an “order denying petition for modification and correction of an illegal sentence.” Appellant contends he is entitled to relief pursuant to Rule 35 of the Federal Rules of Criminal Procedure for a sentence imposed on the second count of a three-count indictment for bank robbery ( 18 U.S.C. §§ 2113 (a), (d)) and for transportation of stolen monies in interstate commerce ( 18 U.S.C. § 2314 ). A jury had found appellant guilty of all three counts at a trial conducted in 1952. Appellant’s present attack challenges the validity of separate sentences under Counts I and II of the indictment, and seeks to have vacated the sentence imposed on Count II, the longer of the two concurrent sentences.

Counts I and II of the indictment both involved violations of the Federal Bank Robbery Act. 18 U.S.C. § 2113 . Appellant was sentenced to twenty years under subsection (a), and was also sentenced to twenty-five years under subsection (d) for having placed the life of another in jeopardy by the use of a dangerous weapon during the course of his offense. Appellant received an additional sentence of ten years under Count III for transporting the stolen monies in…