David Lee Fry v. United States

Appellant was convicted in the district court on a plea of guilty to robbing a national bank in violation of 18 U.S.C. § 2113 (1970). He subsequently moved to vacate his sentence under 28 U.S.C. § 2255 (1970), contending, as he now does on appeal, that his federal prosecution was maintained in violation of the Department of Justice’s Petite Policy. See Petite v. United States, 361 U.S. 529, 80 S.Ct. 450, 4 L.Ed.2d 490 (1960). It is suggested that the Petite Policy requires the vacation of appellant’s conviction and the dismissal of the indictment because he had already been arrested by the…