UNITED STATES v. MALCOLM

No. 840, Docket 34296.

432 F.2d 809 (1970)

UNITED STATES of America, Appellee, v. Gary MALCOLM, Appellant.

United States Court of Appeals, Second Circuit.

Decided September 23, 1970.


Attorney(s) appearing for the Case

Milton M. Craner, New York City, for appellant.

Jerome C. Ditore, Asst. U. S. Atty. (Edward R. Neaher, U. S. Atty., for the Eastern District of New York, on the brief), for appellee.

Before ANDERSON and FEINBERG, Circuit Judges, and MacMAHON, District Judge.


MacMAHON, District Judge:

The appellant, Gary Malcolm, then eighteen years old, was convicted upon his plea of guilty to the crime of bank robbery (18 U.S.C. § 2113(a)) and sentenced to a term of fifteen years on March 22, 1968. He moved the district court in September 1969 for vacation, correction or reduction of sentence or, in the alternative, to vacate his plea of guilty under Rule 35, Fed.R.Crim.P., and 28 U.S.C. § 2255. The motion was denied without...

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