250 F.2d 37 - Smith v. United States — 250 F.2d 37

How this case has been cited

Cited by 14 later decisions — most recently July 1985

12 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Mathias J. DeVito, Baltimore, Md., for appellant.

¶2Earl Kill Smith, pro se, on brief, and John R. Hargrove, Asst. U. S. Atty., Baltimore, Md. (Leon H. A. Pierson, U. S. Atty., Baltimore, Md., on brief), for ap-pellee.

¶3Before PARKER, Chief Judge, and SOBELOFF and HAYNSWORTH, Circuit Judges.

¶4PER CURIAM.

¶5This is an appeal from denial of a motion, made under Rule 35 of the Rules of Criminal Procedure, 18 U.S.C., to- correct the sentence in a criminal case. Appellant pleaded guilty to, an indictment charging bank robbery and that in perpetrating the robbery he put in. jeopardy the lives of named persons “by the use of a dangerous weapon”. He was-sentenced to a term of twenty-five years, imprisonment and to pay a fine of $10,-000. He complains of this sentence on the ground that the “dangerous” weapon was not more specifically described in the indictment. The point is without merit for reasons adequately stated in the opinion of the District Judge. United States v. McGann, 150 F.Supp. 463. The crime was charged in the language of the statute (18 U.S.C. § 2113(d)); and it is well settled that this is sufficient.

¶6Affirmed.