Clarence Patrick Gallagher v. United States

GIBSON, Circuit Judge.

The defendant Clarence Patrick Gallagher was convicted in a jury trial of robbing the federally insured State Bank of Burleigh County, Sterling Exchange, of Sterling, North Dakota, in violation of 18 U.S.C. § 2113 and was sentenced to ten years imprisonment.

On appeal he raises three issues: (1) insufficiency of the evidence, (2) failure of the court to sustain his motion to suppress evidence found in a search of defendant’s automobile, and (3) the maximum penalty set forth under § 2113 as contrasted with other sections of the Criminal Code (not denominated), which he…