Spears v. United States

MEMORANDUM OPINION

NEESE, District Judge.

The movant Mr. James Howard Spears is in custody under sentences of this Court in United States of America, plaintiff, v. James Howard Spears, defendant criminal action no. 6986, this district and division. In a pro se motion, he claims that the sentences were in excess of the maximum authorized by law. 28 U.S.C. sec. 2255. There is merit to such claim.

In the aforenumbered criminal action, Mr. Spears was convicted under count one of the indictment of bank robbery under the provisions of 18 U.S.C. sec. 2113(a) and under count two thereof of bank robbery…