United States v. David Lawrence Wilson, AKA David v. Hunter

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, and requires a reduction in his sentence. 2

The district court sentenced Mr. Wilson in accordance with the maximum set forth in § 2113(a), which provides, in relevant…