Bill Harvey Dukes v. United States

Dukes is serving a 25 year sentence for armed robbery of a national bank in Los Angeles. There seems to have been at least one shot fired into' the bank’s ceiling. Too late, he attempted an appeal. And, so he had none. Now he seeks under 28 U.S.C. § 2255 to review much of his trial. The district court ruled against him on this civil proceeding. Appeal is taken now, asserting errors in the original trial and in the § 2255 process. We affirm.

Appellant is greatly disturbed that a confederate received a six year sentence for his part and he, Dukes, received a 25 year sentence. The sentences were imposed by different judges of the same court. We simply are not permitted to correct disparity in sentences. See United States v. Baysden, 4 Cir., 326 F.2d 629 . But we should not leave the impression that we imply the sentences considered together are unfair because they are different. There might be many reasons why the difference was justified. But it is simply not our business to review sentences.

Dukes contends he was denied due process because he was not permitted a direct appeal in forma pauperis. His effort came too late. See the denial of certiorari order recorded as Dukes v.…