Don B. Cook v. United States

This is an appeal from the district court’s denial of the appellant’s motion to vacate judgment and sentence in accordance with 28 U.S.C. § 2255. We affirm.

Appellant’s sole contention on appeal is that entry or attempted entry of a federally insured bank at a time when the bank’s premises are unoccupied, does not as a matter of law constitute a violation of 18 U.S.C. § 2113(a). 1

The identical question was presented in United States v. Poindexter, 6th Cir. 1961, 293 F.2d 329, at 330, which held that “[i]t makes no difference whether the offense is committed when the bank is open for business…