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U.S. v. WILSON

Nos. 93-4014, 93-4015.

10 F.3d 734 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. David Lawrence WILSON, aka David V. Hunter, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 30, 1993.

Attorney(s) appearing for the Case

David J. Jordan, U.S. Atty., Richard N.W. Lambert, Asst. U.S. Atty., Salt Lake City, UT, for plaintiff-appellee.

Michael G. Katz, Federal Public Defender, Jill M. Wichlens, Asst. Federal Public Defender, Denver, CO, for defendant-appellant.

Before TACHA and KELLY, Circuit Judges, and BROWN, District Judge.

WESLEY E. BROWN, Senior District Judge.

Defendant David Wilson pleaded guilty to one count of attempted bank robbery in violation of 18 U.S.C. § 2113(a). He was ultimately sentenced to 151 months' imprisonment.1 He now challenges that sentence pursuant to 28 U.S.C. § 2255, arguing that because the sentencing statutes applicable to Class C felonies and attempted robbery under § 2113(a) are ambiguous, the rule of lenity applies...

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