Evans v. United States

MEMORANDUM

HUYETT, District Judge.

This motion to vacate and resentence is brought under 28 U.S.C. § 2255 (1970) and Fed.R.Crim.P. 43.1 We grant the motion.

The case history here is long and involved, but the facts relevant to our inquiry are these. In 1963 petitioner pled guilty and was sentenced in Federal district court on five counts, one count under 18 U.S.C. § 371 (1970), a general conspiracy statute, and four counts under different subsections of 18 U.S.C. § 2113 (1970), the Federal Bank Robbery Statute (herein referred to as § 2113). Sentence was suspended on all five counts, and…