James A. Hixon v. United States

Appellant Hixon seeks the correction of an allegedly illegal 25-year sentence imposed under a one count indictment charging the robbery of a national bank, accompanied by the use of dangerous weapons putting in jeopardy the lives of employees of the bank.

At the outset we are confronted with procedural difficulties. Ostensibly, the appellant moved under Rule 35, F.R.Crim.P., 18 U.S.C., to correct an illegal sentence. This is a motion in the original case and the time for appeal is governed by Rule 37(a) (2). As it was not filed within such time, the appeal is too late unless the motion may be…