United States v. Vasilick

WATSON, District Judge.

The petitioner, Vasilick, was convicted on two counts of an indictment charging violations' of the Bank Robbery Act, 12 U.S.C.A. §§ 588a, and 588b. He was sentenced to a term of imprisonment and to pay a fine on the second count while sentence was “suspended” on the first. This occurred on November 12, 1942. Approximately four years later Vasilick filed a motion to vacate the judgment of sentence on count 2, alleging that the Court “in entering judgment and disposing of count 1 * * * had exhausted its power to sentence and therefore was without jurisdiction to dispose…