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UNITED STATES v. ANDREWS

No. 216, Docket 25370.

263 F.2d 608 (1959)

UNITED STATES of America, Appellee, v. Albert ANDREWS, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 19, 1959.

Attorney(s) appearing for the Case

Albert Andrews appeals from the denial of his motion under F.R.Crim.P. rule 35, 18 U.S.C., to correct or reduce his sentence.

Jacob W. Friedman, New York City, by assignment (Albert Andrews, defendant-appellant, pro se), for defendant-appellant.

George I. Gordon, Asst. U. S. Atty., S.D.N.Y., New York City (Arthur H. Christy, U. S. Atty., New York City, on the brief), for appellee.

Before CLARK, Chief Judge, MADDEN, Judge, United States Court of Claims, and HINCKS, Circuit Judge.

Affirming judgment 170 F.Supp. 380.

PER CURIAM.

Andrews' conviction of intent and conspiracy to rob the mails in violation of 18 U.S.C. § 2114 was affirmed by us, but returned for resentencing because the trial judge erroneously believed he was without power to suspend the mandatory twenty-five-year penalty for the offense. United States v. Donovan, 2 Cir., 242 F.2d 61. Upon resentencing...

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