United States v. Morgan

CLAYTON, District Judge.

This cause is before the court on a motion to correct an illegal sentence pursuant to Rule 35, Federal Rules of Criminal Procedure. Defendant, Herbert Kon Morgan, was convicted on his pleas of guilty to a two-count information charging violations of 18 U.S.C. § 2115. The maximum sentence for such violations is a fine of not more than $1000 or imprisonment for not more than five years, or both. On 8 August, 1963, the court imposed a general sentence of eight years imprisonment on both counts. Approximately two years later, defendant filed a motion to withdraw the pleas…