Forrest Silva Tucker v. United States

DENMAN, Chief Judge.

Tucker, a federal prisoner held in custody at the United States Penitentiary at Alcatraz, appeals from a judgment denying his “ ‘motion in the nature of a writ of error coram nobis’ ”. 1 He contends that the District Court erred in denying the motion without a hearing. We agree.

On May 20, 1953, Tucker was sentenced to a 25-year term for robbery of a national bank with the use of a dangerous weapon, 18 U.S.C. § 2113, in the Northern District of California. 2 On August 3, 1953, Tucker was sentenced to a five-year term in the Southern District of California for a different…