McCLAIN v. UNITED STATES

No. 79 Civ. 2438 (IBC).

478 F.Supp. 732 (1979)

Marvin P. McCLAIN, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S. D. New York.

September 28, 1979.


Attorney(s) appearing for the Case

Marvin P. McClain, pro se.

Robert B. Fiske, Jr., U. S. Atty., Southern District of New York, New York City, for respondent; Steven M. Schatz, Asst. U. S. Atty., New York City, of counsel.


OPINION

IRVING BEN COOPER, District Judge.

In this pro se petition under 28 U.S.C. § 2255, we are confronted with the issue of the retroactivity of important changes in the law of prosecuting and sentencing persons who commit armed bank robbery. In Simpson v. United States, 435 U.S. 6, 98 S.Ct. 909, 55 L.Ed.2d 70 (1978), the United States Supreme Court held that a defendant may not be sentenced under both...

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