Raymond W. J. Clermont v. United States

A federal grand jury indicted Raymond W. J. Clermont on a conspiracy charge and six substantive charges in connection with the robbery of a national bank in Seattle, Washington, on November 19, 1956. The described offenses fall under 18 U.S.C. §§ 2113 (a), (b), (c) and (d), and 371. Clermont pleaded guilty on all seven counts and a judgment of conviction, and sentence, was entered on April 26, 1957. Twelve years later, on June 2, 1969, Clermont filed this motion, under 28 U.S.C. § 2255 , to have his convictions and sentences on counts 2, 3, 5 and 6 vacated. The motion was denied without hearing and this appeal followed.

Clermont first argues that the convictions on counts 2, 3, 5 and 6 are invalid because the charges contained in these substantive counts were included in the language used in count 1, the conspiracy count.

The conspiracy alleged in count 1 embraced the activities described in the substantive counts. It was therefore necessary to describe, in count 1, the activities alleged in each of the substantive counts. This did not operate to merge the substantive counts in the conspiracy count. No duplication is involved in convicting him on both the conspiracy count and…