Kenneth Allen Kitts v. United States

This is an appeal from final order denying defendant Kitts’ motion, made pursuant to 28 U.S.C. § 2255, to vacate consecutive sentence previously imposed upon Count II of a three-count indictment.

It is defendant’s contention that Counts I and II of the indictment, for the purpose of sentence, charged but one offense, and that only one sentence could legally be imposed. Counts I and II of the indictment were based on the federal bank robbery law, 18 U.S.C. § 2113. Count I, based upon the second paragraph of 2113(a), charged defendant entered the insured bank with intent to commit a felony…