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GREEN V. UNITED STATES, 365 U. S. 301 (1961)

U.S. Supreme Court

Green v. United States, 365 U.S. 301 (1961)

Green v. United States

Nos. 70 and 179

Argued January 10-11, 1961

Decided February 27, 1961

365 U.S. 301


Petitioner was convicted in a Federal District Court on a three-count indictment under 18 U.S.C. § 2113 for (1) entering a bank with intent to commit a felony, (2) robbing the bank, and (3) assaulting or putting in jeopardy the lives of persons by using a dangerous weapon while committing the robbery. Before passing sentence, the District Judge asked, "Did you want to say something?", whereupon petitioner's counsel at some length invoked the Judge's discretionary leniency. Petitioner was then sentenced to imprisonment for 20 years on each of the first two counts and for 25 years on the third count, all to run concurrently. Seven years later, petitioner filed two motions under Rule 35 of the Federal Rules of Criminal Procedure to vacate the sentence, claiming that (1) it was illegal because he had not been permitted to speak in his own behalf prior to sentencing, as required by Rule 32(a), and (2) the 25-year sentence under Count 3 for aggravated bank robbery was illegal because the judge had exhausted his power to sentence when he imposed the sentence under Count 2 for unaggravated bank robbery. Both motions were denied.

Held: the judgment is affirmed. Pp. 365 U. S. 302-306.

273 F.2d 216 and 274 F.2d 59 affirmed.

Page 365 U. S. 302

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