BIUS v. UNITED STATES

No. 6564.

286 F.2d 652 (1961)

Fayette B. BIUS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

January 19, 1961.


Attorney(s) appearing for the Case

Robert H. Durham, Jr., Denver, Colo., for appellant.

John M. Amick, Asst. U. S. Atty., Oklahoma City, Okl. (Paul W. Cress, U. S. Atty., and Erwin A. Cook, Asst. U. S. Atty., Oklahoma City, Okl., with him on the brief), for appellee.

Before HUXMAN, PICKETT and LEWIS, Circuit Judges.


PICKETT, Circuit Judge.

The defendant, Bius, was charged in the United States District Court for the Western District of Oklahoma in two separate informations with the offense of larceny from a bank, in violation of 18 U.S.C.A. § 2113(b). On pleas of guilty, he was sentenced to a term of five years on each information with the provision that the sentences should run concurrently. At the time the sentences were pronounced, the court knew that the accused was then...

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