United States v. Welty

OPINION

HIGGINBOTHAM, District Judge.

In his petition under 28 U.S.C. § 2255, John Jacob Welty seeks a re-computation of sentence which he contends would entitle him to his immediate release from imprisonment. The factual background to the present petition may be summarized as follows:

The defendant Welty was convicted on four counts under the Federal Bank Robbery Act (18 U.S.C. § 2113) and a count for conspiracy, all relating to the same bank robbery. On April 12, 1965 he was sentenced to imprisonment on the five counts, as follows:

Count 1: Conspiracy and violation of 18 U.S.C. § 371 — four…