Clarence Duke McGann v. United States

This is an appeal from an order denying what is denominated a petition for writ of habeas corpus but which was properly treated by the District Judge as a motion for relief under 28 U.S.C. § 2255. Appellant had pleaded guilty to a charge of armed bank robbery in violation of the provisions of 18 U.S.C. § 2113. He contends that the indictment does not charge a crime because the bank which he is charged with robbing is described as located on an Air Force base and must therefore be considered as a “banking facility” established in accordance with Air Force regulations and not as a bank. The…