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Williamson v. United States

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eBook details

  • Title: Williamson v. United States
  • Author : United States Court Of Appeals Fifth Circuit.
  • Release Date : January 24, 1959
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

This cause was before us on a prior occasion, United States v. Williamson, 5 Cir., 1958, 255 F.2d 512, certiorari denied 358 U.S. 941, 79 S. Ct. 348, 3 L. Ed. 2d 349. This will permit the present statement of the inceptions of the case to be somewhat brief. Williamson was sentenced in 1954 (1) for twenty years for entry of a bank with intent to commit a felony under 18 U.S.C.A. § 2113(a), (2) for eight years for larceny of specified property in the possession of the bank under 18 U.S.C.A. § 2113(b), and (3) for eight years for larceny of other specified property of the bank under 18 U.S.C.A. § 2113(b).The two eight-year sentences were to run concurrently upon the completion of the twenty-year term. After the decision in Prince v. United States, 352 U.S. 322, 77 S. Ct. 403, 1 L. Ed. 2d 370, decided February 25, 1957, Williamson filed a motion under 28 U.S.C.A. § 2255, to vacate the sentence. The district court, concluding that, under the doctrine of the Prince case, the offense of entry of the bank with intent to commit a felony merged into the offenses of larceny of the banks property, vacated the twenty-year sentence. This left Williamson subject to the two concurrent sentences of eight years. The Government appealed.


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