Reamer v. United States, 12686.

Decision Date13 December 1955
Docket NumberNo. 12686.,12686.
Citation228 F.2d 906
PartiesLeslie William REAMER, Appellant, v. UNITED STATES of America, Appellee.
CourtU.S. Court of Appeals — Sixth Circuit

Jameson & Sislock, Detroit, Mich., for appellant.

Fred W. Kaess, George E. Woods, Detroit, Mich., for appellee.

Before SIMONS, Chief Judge, and McALLISTER and STEWART, Circuit Judges.

PER CURIAM.

This appeal is taken from the district court's order denying appellant's motion to vacate sentence filed under 28 U.S.C.A. § 2255. Appellant's motion was based upon the claim that the evidence upon which he was convicted was inconsistent with the indictment. The indictment charged that appellant, in the course of a bank robbery, "did put in jeopardy the life of Fred W. Pluskat, by the use of a dangerous weapon, * * *." The evidence showed that it was actually appellant's co-defendant who held Pluskat at gun point.

Assuming that this claim was of a kind that could properly be made in a motion to vacate sentence, it was without merit. As the district court pointed out, a complete answer to the appellant's contention is the law that makes a principal of an aider and abettor. 18 U.S. C.A. § 2.

The order appealed from is affirmed.

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5 cases
  • State v. Templeton, 2007 Ohio 1148 (Ohio App. 3/14/2007)
    • United States
    • Ohio Court of Appeals
    • March 14, 2007
    ..."The federal rule that an aider and abettor is punishable as a principal is identical. Section 2, Title 18, U.S. Code; Reamer v. United States (C.A.6, 1955), 228 F.2d 906; Roberts v. United States (C.A.6, 1955), 226 F.2d 464." State v. Graven, supra, 52 Ohio St.2d at 115-116, 369 N.E.2d 120......
  • State v. Hickman, 2004 Ohio 6760 (OH 12/13/2004), Case No. 2003-CA-00408.
    • United States
    • Ohio Supreme Court
    • December 13, 2004
    ..."The federal rule that an aider and abettor is punishable as a principal is identical. Section 2, Title 18, U.S. Code; Reamer v. United States (C.A.6, 1955), 228 F.2d 906; Roberts v. United States (C.A.6, 1955), 226 F.2d 464." State v. Graven, supra, 52 Ohio St.2d at 115-116, 369 N.E.2d 120......
  • U.S. v. Maselli
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • May 25, 1976
    ...United States v. Hoffa, 349 F.2d 20, 43 (6th Cir. 1965), affd., 385 U.S. 293, 87 S.Ct. 408, 17 L.Ed.2d 374 (1966); Reamer v. United States, 228 F.2d 906 (6th Cir. 1955). The word "willfully" is not used in § 1952, and it was not necessary to use it in the indictment, since 18 U.S.C. § 2 is ......
  • State v. Graven
    • United States
    • Ohio Supreme Court
    • December 7, 1977
    ...The federal rule that an aider and abettor is punishable as a principal is identical. Section 2, Title 18, U.S. Code; Reamer v. United States (C.A.6, 1955), 228 F.2d 906; Roberts v. United States (C.A.6, 1955), 226 F.2d The appellant argues further that the crime of one charged as an aider ......
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