United States v. Robert B. Corson, Eugene J. McCullough Eugene J. McCullough

OPINION OF THE COURT

ROSENN, Circuit Judge.

The validity of sentencing is the issue on this appeal.

Appellant was convicted by a jury on three counts of an indictment, all based upon a single armed robbery of a bank. Following denial of appellant’s post-trial motions, he was sentenced on May 9, 1967 as follows:

Count I, under 18 U.S.C. § 2113(a), charging entering a bank with intent to commit a felony — 10 years;

Count II, also under 18 U.S.C. § 2113 (a), charging robbery of the bank— 5 years, consecutive with the preceding sentence;

Count III, under 18 U.S.C. § 2113(d), charging bank robbery…