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WHALEN v. UNITED STATES

No. 23132.

367 F.2d 468 (1966)

Edward James WHALEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

October 21, 1966.

Attorney(s) appearing for the Case

Michael A. Lipsky, Miami, Fla., for appellant.

James W. Matthews, Asst. U. S. Atty., William A. Meadows, Jr., U. S. Atty., Miami, Fla., for appellee.

Before WISDOM, BELL and GODBOLD, Circuit Judges.

WISDOM, Circuit Judge:

Edward James Whalen appeals from a conviction under the Federal Bank Robbery Act, 18 U.S.C.A. § 2113, and from an order of the trial court denying the defendant's Motion to Correct Sentence under Rule 35 of the Federal Rules of Criminal Procedure.

I.

Whalen was convicted on both counts of a two-count indictment. The first count alleged that the defendant on or about March 5, 1965,

by force and violence and by...

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