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HIXON v. UNITED STATES

No. 6064.

268 F.2d 667 (1959)

James A. HIXON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

June 25, 1959.

Attorney(s) appearing for the Case

John J. Dunn, Denver, Colo., for appellant.

Jack Parr, Asst. U. S. Atty., Edmund, Okl. (Paul W. Cress, U. S. Atty., and Erwin A. Cook, Asst. U. S. Atty., Oklahoma City, Okl., on the brief), for appellee.

Before MURRAH, PICKETT, and BREITENSTEIN, Circuit Judges.

PER CURIAM.

Appellant Hixon seeks the correction of an allegedly illegal 25-year sentence imposed under a one count indictment charging the robbery of a national bank, accompanied by the use of dangerous weapons putting in jeopardy the lives of employees of the bank.

At the outset we are confronted with procedural difficulties. Ostensibly, the appellant moved under Rule 35, F.R.Crim.P., 18 U.S.C., to correct an illegal...

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