Alphonse Kanton, Movant-Appellant v. United States

SCHNACKENBERG, Circuit Judge.

Alphonse Kanton, movant, has appealed from the denial by the district court of his motion under 18 U.S.C.A. rule 35, Federal Rules of Criminal Procedure, to correct that part of his sentence which he claims is illegal. He points out that the indictment upon which he was convicted charged him with two bank robberies in separate counts, in violation of 18 U.S.C.A. section 2113, but that in charging these violations no subsections of section 2113 were mentioned. He was convicted on the first count; the second was dismissed on motion of the government.

Prior to filing…