David Earl Johnson v. United States

JOHN R. BROWN, Circuit Judge;

David Earl Johnson is no stranger to Federal Court. In January of 1971, Johnson was tried and convicted of bank robbery in violation of 18 U.S.C.A. § 2113(a), assault with a dangerous weapon during a bank robbery in violation of 18 U.S.C.A. § 2113(d), and carrying a firearm unlawfully during the commission of a felony in violation of 18 U.S.C.A. § 924(c)(2). He was sentenced to three concurrent prison terms of 20 years, 20 years, and 2 years respectively. He did not take a direct appeal from the convictions. However, within the prescribed ten day period, he moved…