SCHMIDT v. UNITED STATES

No. 18454.

286 F.2d 11 (1961)

Richard Dean SCHMIDT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 13, 1961.


Attorney(s) appearing for the Case

Richard Dean Schmidt in pro. per.

Arthur L. Luethcke, Asst. U. S. Atty., San Antonio, Tex., for appellee.

Before TUTTLE, Chief Judge, and JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

This is a proceeding under 28 U.S.C.A. § 2255 in which appellant asserts that he was unlawfully convicted of violating the Federal bank robbery statute. 18 U.S. C.A. § 2113. He complains primarily of defects in Count Two of the indictment and that his 16-year sentence exceeded the statutory maximum of ten years under § 2113(b). Specifically his contention is that this Count of the indictment misled him to his prejudice...

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