Richard Dean Schmidt v. United States

JOHN R. BROWN, Circuit Judge.

This is a proceeding under 28 U.S.C.A. § 2255 in which appellant asserts that he was unlawfully convicted of violating the Federal bank robbery statute. 18 U.S. C.A. § 2113. He complains primarily of defects in Count Two of the indictment and that his 16-year sentence exceeded the statutory maximum of ten years under § 2113(b). Specifically his contention is that this Count of the indictment misled him to his prejudice by charging acts which would constitute a crime under § 2113(a) although the only statutory reference was to § 2113(b), that it lacked sufficient…