Theodore Green v. United States

Theodore Green, who is at present serving a sentence of 25 years’ imprisonment for bank robbery in violation of Title 18 U.S.C. § 2113 and who has wasted the time of this court before by fruitless appeals, see Green v. United States, 1 Cir., 1956, 238 F.2d 400, and Green v. United States, 1 Cir., 1958, 256 F.2d 483, certiorari denied 1958, 79 S.Ct. 83, 3 L.Ed.2d 87, 358 U.S. 854, moved in the court below under Criminal Rule 35, 18 U.S.C., to be resentenced for the following reasons: 1) the judge did not orally pronounce sentence from the bench himself but permitted the clerk to do so, 2) the…