United States v. McGann, 23017.
| Decision Date | 24 April 1957 |
| Docket Number | No. 23017.,23017. |
| Citation | 150 F. Supp. 463 |
| Parties | UNITED STATES of America v. Clarence Duke McGANN, Henry John Foster, Earl Kill Smith, also known as Earl James Smith, Jr. |
| Court | U.S. District Court — District of Maryland |
No appearance for petitioner.
One of the defendants in the above case, Earl Kill Smith, has filed a petition in accordance with Rule 35 of the Federal Rules of Criminal Procedure, 18 U.S.C., to correct the sentence of 25 years' imprisonment given on February 7, 1955, by reducing the same to 20 years. I find no proper basis for the requested reduction and therefore I deny the petition and will state briefly my reasons therefor. The Clerk is instructed to send a copy of this order and memorandum to the petitioner now said to be at Alcatraz, California.
The three defendants in the above case were indicted by the Grand Jury for this district on August 18, 1954, for armed bank robbery. The indictment was in four counts. The first count charged that the defendants did by intimidation take from employees of the First National Bank of Southern Maryland, a member bank of the Federal Reserve System and a banking institution organized and operating under the laws of the United States and a bank, the deposits of which were insured by the Federal Deposit Insurance Company, the bank being located at Andrews Air Force Base, Prince George's County, Maryland, money in the amount of $124,000 on the 13th day of August, 1954; the second count charged that the same defendants on the same day did take and carry away with intent to steal the sum of $124,000, more or less; the third count charged that in committing the offenses charged in the first and second counts the defendants did at the same place and time assault certain named employees of the said bank; and the fourth count charged that the same defendants on the same day "in committing the offenses charged in the first and second counts of this indictment, did, at the Andrews Air Force Base, Prince George's County, in the State of Maryland, by use of a dangerous weapon, put in jeopardy the lives of" certain named employees "who were present in the First National Bank of Southern Maryland during the commission of the offenses charged in said first and second counts of this indictment".
The indictment was based on title 18 U.S.C. § 2113, subsections (a) (f) for the first count; subsections (b) (f) for the second count; subsections (d) (f) for the third count and subsections (d) (f) for the fourth count.
Subsection (a) provides a penalty of imprisonment of not more than 20 years; subsection (b) provides a penalty of imprisonment of not more than ten years if the value of the property taken exceeds $100; subsection (d) provides a maximum term of imprisonment of not more than 25 years and a fine of not more than $10,000, or both.
The defendant McGann was arrested almost immediately after the occurrence and, appearing by counsel appointed by the court, after disposal of certain interlocutory proceedings, pleaded guilty and was sentenced to imprisonment for 20 years. The other two defendants, Foster and Earl Kill Smith, escaped with $124,000 and were not apprehended until January 1955. They were arrested in other districts from which in due course they were removed to this district. Before arraignment the court appointed Paul C. Wolman, Jr., Esq., a member of the bar of this court, an experienced attorney who had recently theretofore been Assistant United States Attorney for this district, to represent those...
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U.S. v. Givens
...bank robbery statute, 18 U.S.C. Sec. 2113(d). See Wheeler v. United States, 317 F.2d 615, 617 (8th Cir.1963); United States v. McGann, 150 F.Supp. 463, 465 (D.Md.), aff'd sub nom. Smith v. United States, 250 F.2d 37 (4th Cir.1957), cert. denied, 355 U.S. 965, 78 S.Ct. 555, 2 L.Ed.2d 540 (19......
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McGann v. US Board of Parole
...See McGann v. United States, 249 F.2d 431 (4th Cir. 1967); United States v. McGann, 161 F.Supp. 629 (D.Md.1958); United States v. McGann, 150 F.Supp. 463 (D.Md.1957). III. The other contentions of petitioner have been considered and rejected.5 The April 6, 1973, district court order will be......
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Wheeler v. United States, 17111.
...was in fact loaded. It is not necessary to allege in the indictment that the dangerous weapon was in fact loaded. United States v. McGann, D.Md.1957, 150 F.Supp. 463, affirmed in Smith v. United States, 4 Cir., 1957, 250 F.2d 37, certiorari denied, 1958, 355 U.S. 965, 78 S.Ct. 555, 2 L.Ed.2......
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United States v. McGann, 23017.
...respecting the sufficiency of the indictment, and the consequent correctness of the sentence of twenty-five years. United States v. McGann, D.C., 150 F.Supp. 463. Smith appealed from the order to the United States Court of Appeals for the Fourth Circuit where the order of this court was aff......