James Virgil Counts v. United States, 263 F.2d 603 (5th Cir. 1959). · Go Syfert
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James Virgil Counts v. United States, 263 F.2d 603 (5th Cir. 1959). Cases Citing This Book View Copy Cite
16 citation events across 7 distinct courts.
Strongest positive: United States v. David Goudy and Cynthia King (ca7, 1986-06-06)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. David Goudy and Cynthia King
7th Cir. · 1986 · confidence medium
Accord Smith v. United States, 273 F.2d 337, 338 (5th Cir.1960) (per curiam); Counts v. United States, 263 F.2d 603, 604 (5th Cir.1959) (per curiam); Purdom v. United States, 249 F.2d 822, 827 (10th Cir.1958); Sawyer v. United States, 312 F.2d 24, 26-27 (8th Cir.1963).
cited Cited "see" U.S. v. Jones
5th Cir. · 1993 · signal: see · confidence high
See Counts v. United States, 263 F.2d 603, 604 (5th Cir.) cert. denied, 360 U.S. 920 (1959) (bank larceny is a felony under 18 U.S.C. § 2113 (b)).
cited Cited "see" United States v. Mark Anthony Jones, United States of America v. Ira Dwayne Drayton
5th Cir. · 1993 · signal: see · confidence high
See Counts v. United States, 263 F.2d 603, 604 (5th Cir.) cert. denied, 360 U.S. 920 , 79 S.Ct. 1440 , 3 L.Ed.2d 1536 (1959) (bank larceny is a felony under 18 U.S.C. § 2113 (b)).
discussed Cited "see" United States v. James Joseph Leather
7th Cir. · 1959 · signal: see · confidence high
See Counts v. United States, 5 Cir., 263 F.2d 603 .” The cause was again remanded because the original remand had been to re-sentence within the twenty-year maximum rather than merely to vacate one or the other sentence, and the defendant’s presence was, therefore, necessary.
cited Cited "see" Ellis Raymond Williamson v. United States
5th Cir. · 1959 · signal: see · confidence high
See Counts v. United States, 5 Cir., 263 F.2d 603 .
cited Cited "see" UNITED STATES OF AMERICA v. MARK ANTHONY JONES
unknown court · signal: see · confidence high
See Counts v. United States, 263 F.2d 603, 604 (5th Cir.) cert. denied, 360 U.S. 920 (1959) (bank larceny is a felony under 18 U.S.C. § 2113 (b)).
Retrieving the full opinion text from the archive…
James Virgil COUNTS, Appellant,
v.
UNITED STATES of America, Appellee
17490.
Court of Appeals for the Fifth Circuit.
Mar 26, 1959.
263 F.2d 603
James Virgil Counts, in pro. per., William M. Steger, U. S. Atty., Tyler, Tex., for appellee.
Brown, Hutcheson, Per Curiam, Wisdom.
Cited by 14 opinions  |  Published
PER CURIAM.

This is a Section 2255 proceeding, 28 U.S.C.A. Appellant, on a plea of guilty, was convicted in two separate cases involving robbery of two banks on two distinct occasions. In each case he was[*604] charged under separate counts with entry with intent to commit larceny, 18 U.S.C.A. § 2113(a), and with felony bank larceny, 18 U.S.C.A. § 2113(b). Originally the sentence in each case was 15 years on both counts to be served concurrently. This error was corrected and the sentence under the larceny count, 18 U.S.C.A. § 2113(b), was reduced to 10 years. The remaining 15-year sentence for the unlawful entry was within the 20-year maximum under Section 2113 (a).

As have so many others, appellant now urges, on the basis of Prince v. United States, 1957, 352 U.S. 322, 77 S.Ct. 403,1 L.Ed.2d 370, that, since a larceny actually took place, the entry with felonious intent, Section 2113(a), merged into the larceny, Section 2113(b), so that the maximum sentence was 10 years. For the reasons pointed out in United States v. Williamson, 5 Cir., 1958, 255 F.2d 512, we disagree. To this may be added Purdom v. United States, 10 Cir., 1957, 249 F.2d 822, certiorari denied 355 U.S. 913, 78 S.Ct. 341, 2 L.Ed.2d 273; LaDuke v. United States, 8 Cir., 1958, 253 F.2d 387; Kitts v. United States, 8 Cir., 1957, 243 F.2d 883.

Affirmed.