KITTS v. UNITED STATES

No. 15667.

243 F.2d 883 (1957)

Kenneth Allen KITTS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

May 6, 1957.


Attorney(s) appearing for the Case

Hugh J. Boyle, Omaha, Neb., filed brief for appellant.

F. E. Van Alstine, U. S. Atty., Sioux City, Iowa, filed brief for appellee.

Before JOHNSEN, VOGEL, and VAN OOSTERHOUT, Circuit Judges.


PER CURIAM.

This is an appeal from final order denying defendant Kitts' motion, made pursuant to 28 U.S.C. § 2255, to vacate consecutive sentence previously imposed upon Count II of a three-count indictment.

It is defendant's contention that Counts I and II of the indictment, for the purpose of sentence, charged but one offense, and that only one sentence could legally be imposed. Counts I and II of the indictment were based on the federal bank robbery...

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