Richard Thomas Pigford v. United States, 518 F.2d 831 (4th Cir. 1975). · Go Syfert
Richard Thomas Pigford v. United States, 518 F.2d 831 (4th Cir. 1975). Cases Citing This Book View Copy Cite
85 citation events (12 in the last 25 years) across 12 distinct courts.
Strongest positive: Moss v. State of Maryland (mdd, 2025-06-06)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 48 distinct citers. How cited ↗
cited Cited as authority (rule) Moss v. State of Maryland
D. Maryland · 2025 · confidence medium
See United States v. Saunders, 886 F.2d 56, 60 (4th Cir. 1989); Pigford v. United States, 518 F.2d 831, 836 (4th Cir. 1975).
discussed Cited as authority (rule) Jefferson v. Graham, Jr.
D. Maryland · 2020 · confidence medium
United States v. Saunders, 886 F.2d 56, 60 (4th Cir. 1989); Pigford v. United States, 518 F.2d 831, 836 (4th Cir. 1975). show that the proceeding was rendered fundamentally unfair by counsel's affirmative omissions or errors.
discussed Cited as authority (rule) The Medical Protective Company v. Kyrsten Sutton (2×)
4th Cir. · 2015 · confidence medium
Co., 93 F.3d 1228, 1234 (4th Cir.1996) (“On review, we may neither weigh the evidence nor judge the credibility of witnesses.”); Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975); United States v. Bagdasian, 291 F.2d 163, 166 (4th Cir.1961).
discussed Cited as authority (rule) Jamison v. Collins
S.D. Ohio · 2000 · confidence medium
In addition, as the Sixth Circuit observed, “credibility is not a matter of review for a federal habeas corpus court.” Walker, 703 F.2d at 969 -70 (citing Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975)).
cited Cited as authority (rule) United States v. Herrand
4th Cir. · 1999 · confidence medium
See United States v. Saunders, 886 F.2d 56, 60 (4th Cir. 1989); Pigford v. United States, 518 F.2d 831, 836 (4th Cir. 1975).
cited Cited as authority (rule) United States v. Maggiolo
4th Cir. · 1998 · confidence medium
See United States v. Saunders , 886 F.2d 56, 60 (4th Cir. 1989); Pigford v. United States, 518 F.2d 831, 836 (4th Cir. 3 1975).
discussed Cited as authority (rule) United States v. Bass
4th Cir. · 1997 · confidence medium
An "indictment or information need not specifically charge aiding and abetting in order to support a conviction on that charge . . . [because aiding and abetting] applies implicitly to all federal offenses." Pigford v. United States, 518 F.2d 831, 834 (4th Cir. 1975); see also United States v. Mucciante, 21 F.3d 1228, 1234 (2d Cir. 1994).
cited Cited as authority (rule) United States v. Jeffrey Blake Johnson, United States of America v. Robert Lee Bruce, Jr.
4th Cir. · 1997 · confidence medium
However, "[t]he credibility of witnesses is a matter solely within the provence of the jury, and is not reviewable by this court." Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975).
cited Cited as authority (rule) United States v. Johnson
4th Cir. · 1997 · confidence medium
However,"[t]he credibility of witnesses is a matter solely within the provence of the jury, and is not reviewable by this court." Pigford v. United States, 518 F.2d 831, 836 (4th Cir. 1975).
cited Cited as authority (rule) United States v. Wegg
E.D. Va. · 1996 · confidence medium
Pigford v. United States, 518 F.2d 831, 834 (4th Cir.1975).
cited Cited as authority (rule) United States v. Edward R. Fox, A/K/A Skip Fox
4th Cir. · 1995 · confidence medium
Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975).
discussed Cited as authority (rule) United States v. Karim Faruq, A/K/A Charles Williams
4th Cir. · 1995 · confidence medium
These credibility determinations are uniquely within the province of the district court as the finder of fact, United States v. Harris, 32 F.3d 1262 , 1270 n. 5 (4th Cir.1994); Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975); and we find that the district court's assessment of the testimony at the hearing is not clearly erroneous. 20 More importantly, the fact that two parties advance different interpretations of the terms of a plea agreement does not render the agreement ambiguous when the language of the agreement is unambiguous on its face.
discussed Cited as authority (rule) Arthur Peyton Brock v. City of Richmond Deputy Bibbs, and Andrew J. Winston
4th Cir. · 1995 · confidence medium
United States v. Saunders, 886 F.2d 56, 60 (4th Cir.1989); Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975). 6 Brock asserts that the magistrate judge deprived him of due process by denying his motion for court-appointed counsel.
cited Cited as authority (rule) United States v. Joseph Harris, Jr.
4th Cir. · 1995 · confidence medium
United States v. Pigford, 518 F.2d 831, 834 (4th Cir.1975).
discussed Cited as authority (rule) United States v. Spencer Douglas Snipes, A/K/A Mo Money
4th Cir. · 1994 · confidence medium
See United States v. Saunders, 886 F.2d at 60 ; Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975). 19 We likewise uphold the jury's verdict on the charge of possession of a firearm. "[C]onstructive possession of firearms in relation to a drug transaction is sufficient to establish 'use' " under Sec. 924(c)(1).
cited Cited as authority (rule) Larry Gene Parris v. Tony Lynch
4th Cir. · 1994 · confidence medium
See United States v. Saunders, 886 F.2d 56, 60 (4th Cir.1989); Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975). 6 Accordingly, we affirm the jury's verdict.
cited Cited as authority (rule) United States v. Charles Thomas Ellis, A/K/A Shawn Delawder
4th Cir. · 1994 · confidence medium
Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975)
cited Cited as authority (rule) United States v. Ronson O'Shea Barnwell
4th Cir. · 1994 · confidence medium
United States v. Saunders, 886 F.2d 56, 60 (4th Cir.1989); Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975).
discussed Cited as authority (rule) United States v. James Andrew Wilson
4th Cir. · 1993 · confidence medium
See United States v. Saunders, 886 F.2d 56, 60 (4th Cir.1989); Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975). 6 As evidenced by the finding of guilt, the jury resolved the conflict in testimony between Wilson and Officer Cureton in favor of the prosecution.
discussed Cited as authority (rule) United States v. Britt
1st Cir. · 1993 · confidence medium
See Thomas, 913 F.2d at 1114 (where defendant's verifiable income cannot account for wealth and there is strong evidence that defendant is drug trafficker, probable cause to believe that wealth is product of trafficking or traceable to illegal activity as proceeds exists); United States v. Saunders, 886 F.2d 56, 60 (4th Cir. 1989) (court is bound by jury's credibility determination); Pigford v. United States, 518 F.2d 831, 836 (4th Cir. 1975) (credibility findings are not subject to review). 8 Accordingly, we affirm the judgment of the district court.
discussed Cited as authority (rule) United States v. Felix Oriakhi
4th Cir. · 1992 · confidence medium
Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975). 3 Oriakhi argues that the coconspirators' testimony is incredible because they are felons who hoped to receive favorable sentencing in exchange for their testimony.
discussed Cited as authority (rule) United States v. Gary Lynn Rowland
4th Cir. · 1991 · confidence medium
Because the evaluation of credibility is within the province of the jury and not reviewable upon appeal, Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975), the verdict must be affirmed. 8 AFFIRMED.
cited Cited as authority (rule) United States v. Earnest Tyrone Harvey, A/K/A Earnest Tyrome Harvey
4th Cir. · 1990 · confidence medium
Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975).
cited Cited as authority (rule) United States v. James Henry Ferguson
4th Cir. · 1990 · confidence medium
Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975).
discussed Cited as authority (rule) United States v. Harris (2×) also: Cited "see"
4th Cir. · 1990 · confidence medium
Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975).
cited Cited as authority (rule) United States v. John S. Onorato
4th Cir. · 1989 · confidence medium
Determining the credibility of the witnesses "is a matter solely within the province of the jury." Piqford v. United States, 518 F.2d 831, 836 (4th Cir.1975).
cited Cited as authority (rule) United States v. Prince Albert Powers, A/K/A Prince Albert Johnson
4th Cir. · 1989 · confidence medium
Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975).
discussed Cited as authority (rule) White v. South Carolina
D.S.C. · 1988 · confidence medium
United States v. Anderson, 481 F.2d 685, 702 (4th Cir.1973), aff'd, 417 U.S. 211 , 94 S.Ct. 2253 , 41 L.Ed.2d 20 (1974); Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975); United States v. Griley, 814 F.2d 967, 971 (4th Cir.1987).
cited Cited as authority (rule) United States v. James E. Arrington
4th Cir. · 1983 · confidence medium
Glasser v. United States, 315 U.S. 60, 80 (1942); Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975) (per curiam).
discussed Cited as authority (rule) Raymond Walker, Cross-Appellant v. Ted Engle, Cross-Appellee (2×)
6th Cir. · 1983 · confidence medium
Since credibility is not a matter of review for a federal habeas corpus court, Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975), and since the testimony of the state's witnesses, if believed, would provide sufficient evidence to support the conviction, the court concluded that Jackson did not preclude retrial. 62 Walker's main objection to this conclusion is as follows: 63 Rather than a selective review of the prosecution's case, Jackson requires that all the evidence be weighed so as to ascertain whether any rational trier of fact could find guilt beyond a reasonable doubt. 64 * * *…
cited Cited as authority (rule) Edwards v. Sasser
E.D. Va. · 1979 · confidence medium
Pigford v. United States, 518 F.2d 831, 836 (4th Cir. 1975); Robertson v. Riddle, 404 F.Supp. 1388, 1391 (W.D.Va.1975).
cited Cited as authority (rule) United States v. Ann Marie Maselli
6th Cir. · 1976 · confidence medium
See United States v. Lester, 363 F.2d 68, 72 (6th Cir. 1966), cert. denied, 385 U.S. 1002 , 87 S.Ct. 705 , 17 L.Ed.2d 542 (1967); Pigford v. United States, 518 F.2d 831, 835 (4th Cir. 1975).
discussed Cited "see" United States v. Kendrick Crawford
4th Cir. · 2013 · signal: see · confidence high
See Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975); see also United States v. Cooke, 141 F.3d 1160 (4th Cir.1998) (unpublished table decision) (rejecting a rule requiring courts to make special findings regarding the reliability of drug addicts and stating that “[a]ll a district court must do is make factual findings ... concerning the evidence that is presented before it.
cited Cited "see" United States v. Jones
4th Cir. · 2007 · signal: see · confidence high
See Pigford v. United States, 518 F.2d 831, 833 (4th Cir.1975).
cited Cited "see" United States v. Lewis
4th Cir. · 2006 · signal: see · confidence high
See Pigford v. United States, 518 F.2d 831, 833 (4th Cir. 1975).
cited Cited "see" United States v. LaFawn Bobbitt
4th Cir. · 2000 · signal: see · confidence high
See Pigford v. United States, 518 F.2d 831, 834 (4th Cir. 1975) (per curiam).
discussed Cited "see" Boone v. United States
E.D. Va. · 1998 · signal: see · confidence high
See Pigford v. United States, 518 F.2d 831, 834 (4th Cir.1975) (“since Section 2 applies implicitly to all federal offenses, all indictments and informations are to be read as if the alternative provided for in Section 2 were embodied in each count thereof’).
cited Cited "see" United States v. James E. Galloway, A/K/A Dean
4th Cir. · 1989 · signal: see · confidence high
See Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975). 4 Appellant's third contention is that evidence offered by one Rodney Carter should not have been admitted.
cited Cited "see" Creasey v. Muncy
W.D. Va. · 1985 · signal: see · confidence high
See Pigford v. United States, supra. In addition, other witnesses testified to petitioner’s taking a large sum of money to a friend’s house.
cited Cited "see" Lord v. United States
2d Cir. · 1984 · signal: see · confidence high
See Pigford v. United States, 518 F.2d 831, 833 (4th Cir. 1975); Roberts v. United States, 472 F.2d 1195, 1196 (5th Cir.1973).
discussed Cited "see" James R. Lord v. United States
2d Cir. · 1984 · signal: see · confidence high
See Pigford v. United States, 518 F.2d 831, 833 (4th Cir.1975); Roberts v. United States, 472 F.2d 1195, 1196 (5th Cir.1973). 2 Appellant's other claim, concerning errors in the pre-sentence report, is without merit since the sentencing judge explicitly disclaimed any reliance on the matters alleged to be incorrect. 3 Affirmed. * The Honorable Oscar H.
cited Cited "see, e.g." Banks v. Powell
E.D. Va. · 1996 · signal: see also · confidence low
See also Pigford v. United States, 518 F.2d 831 (4th Cir.1975).
cited Cited "see, e.g." United States v. Stapleton
W.D. Va. · 1990 · signal: see also · confidence medium
See also Pigford v. United States, 518 F.2d 831, 836 (4th Cir.1975).
cited Cited "see, e.g." Jerry Lewis Myers v. Linwood v. Stephenson Rufus L. Edmisten, Attorney General of the State of North Carolina
4th Cir. · 1987 · signal: see also · confidence low
See also United States, 518 F.2d 831 (4th Cir. 1975).
discussed Cited "see, e.g." United States v. Charles Edward Jackson, Jr.
4th Cir. · 1987 · signal: see also · confidence low
See United States v. Shipp, 409 F.2d 33, 36 (4th Cir.), cert. denied, 396 U.S. 864 (1969); see also Pigford v. United States, 518 F.2d 831 (4th Cir.1975). 5 Jackson has filed motions with this Court for leave to file a supplemental brief, in addition to the brief filed by his court-appointed attorney, and for leave to file a reply brief.
discussed Cited "see, e.g." United States v. Robert C. Williams
4th Cir. · 1987 · signal: see also · confidence low
See United States v. Shipp, 409 F.2d 33, 36 (4th Cir.), cert. denied, 396 U.S. 864 (1969); see also Pigford v. United States, 518 F.2d 831 (4th Cir.1975). 7 Finding that the facts and legal arguments are adequately presented in the briefs and the record, that the decisional process would not be aided significantly by oral argument, and that Williams' contentions are without merit, we dispense with oral argument pursuant to Fed.R.App.P. 34(a) and Local Rule 34(a) and affirm the judgment of the district court. 8 AFFIRMED.
cited Cited "see, e.g." Greenhaw v. Wyrick
W.D. Mo. · 1979 · signal: see, e.g. · confidence low
See, e. g., Pigford v. United States, 518 F.2d 831 (4th Cir. 1975); Randall v. Wyrick, 441 F.Supp. 312 (W.D.Mo.1977).
cited Cited "see, e.g." Randall v. Wyrick
W.D. Mo. · 1977 · signal: see, e.g. · confidence low
See, e. g., Pigford v. United States, 518 F.2d 831 (4th Cir. 1975).
Retrieving the full opinion text from the archive…
Richard Thomas PIGFORD, Appellant,
v.
UNITED STATES of America, Appellee
75-1627.
Court of Appeals for the Fourth Circuit.
Jul 1, 1975.
518 F.2d 831
Richard Thomas Pigford, petitioner pro se., Thomas P. McNamara, U. S. Atty., for respondent.
Russell, Field, Widener.
Cited by 82 opinions  |  Published
PER CURIAM:

Petitioner, Richard Thomas Pigford, was convicted on a criminal information charging bank robbery and armed bank robbery, in violation of 18 U.S.C. §§ 2113(a) and (d). The convictions were affirmed by this Court in United States v. Pigford, 461 F.2d 648 (4th Cir. 1972). Petitioner subsequently filed a motion to vacate sentence pursuant to 28 U.S.C. § 2255. The district court denied the motion, and this appeal follows.

Petitioner’s motion to vacate sentence was filed on November 1, 1972 and was amended on November 20, 1972 and again on May 21, 1973. Considering all three petitions, the claims raised by petitioner are as follows: (1) lack of subject-matter jurisdiction; (2) indictment invalid because not returned in open court; (3) statement indicating prejudice made[*833] by juror prior to trial; (4) suppression of evidence; (5) hearing on motion for continuance held in presence of venire; (6) insufficiency of criminal information; (7) vagueness of jury verdict; and (8) insufficiency of evidence.

Petitioner’s first two claims were dismissed by the district court in an order dated February 9, 1973. The Court then held an evidentiary hearing on claims (3), (4) and (5); an additional issue, denial of right to be tried on indictment, was raised at the hearing. Claims (6), (7) and (8) were decided on the record. Relief was denied as to all of these claims by order dated February 8, 1974.

With respect to his first claim, lack of subject-matter jurisdiction, petitioner contends that the United States does not have the pecuniary interest in the Federal Deposit Insurance Corporation (FDIC) required to support federal jurisdiction over the crime of robbing a bank insured by the FDIC. Citing 28 U.S.C. § 1349, which provides that

[t]he district courts shall not have jurisdiction of any civil action by or against any corporation upon the ground that it was incorporated by or under an Act of Congress, unless the United States is the owner of more than one-half of its capital stock,

petitioner alleges that the FDIC retired the capital stock owned by the government in 1947 — 18, and that the United States therefore no longer has jurisdiction to prosecute bank robbery cases under 18 U.S.C. § 2113.

This contention is without merit. Section 1349 pertains only to civil actions, not criminal prosecutions. All that is required here for jurisdiction under Section 2113 is that it be established that the bank in question was insured by the FDIC on the date of the robbery. This was stipulated at petitioner’s trial. Nor is there any merit in petitioner’s contention that there is no jurisdiction because the FDIC insures only against losses caused by bad banking practices or “financial irregularities,” not against robbery. The use of the term “insured by the [FDIC]” in Section 2113(f) is for the purpose of identifying which banks are covered by Section 2113, and warrants no inference as to the coverage of FDIC insurance.

Petitioner’s second claim is that an indictment was not returned in open court. This claim is without merit, since petitioner waived prosecution by indictment and elected to be tried on a criminal information instead. The additional claim raised at the evidentiary hearing on this petition, relating to the denial of his right to be tried on an indictment, is without merit for the same reason.

With regard to his third claim, petitioner alleges that before his trial one of the male jurors, in a conversation with a United States deputy marshal, stated that he knew petitioner was guilty, and this statement was allegedly overheard by one Willie Smith, a prisoner in the custody of the marshal at the time of the conversation. Smith testified at an evidentiary hearing held in the district court. He identified Lee W. Tart as the deputy marshal involved in the conversation. However, while he stated that one of the alternate jurors resembled the man who made the statement, he was unable to make a positive identification, and he stated positively that none of the other jurors had made the statement. In addition to Smith’s testimony, the district court heard testimony by all male members of the jury that tried petitioner’s case, including the alternates, and by Deputy Marshal Tart, to the effect that they had not participated in the alleged conversation. The record also includes affidavits to the same effect on the part of all the deputy marshals present for the term of court at which petitioner’s trial took place.

On the basis of the above evidence, the district court found as a fact that the alleged conversation between a male juror and a deputy marshal did not occur. This Court will not set aside a district court’s findings of fact unless they are “clearly erroneous.” Fed.R. Civ.P. 52(a); Glasscock v. United States, [*834] 323 F.2d 589 (4th Cir. 1963). In light of the evidence presented, we cannot say that the finding in question here was erroneous. In any event, even assuming arguendo petitioner’s allegation to be true, the juror in question was an alternate juror who did not participate in the deliberations and verdict of the jury, and thus no prejudice resulted to petitioner from any failure to exclude him as a juror.

As to his fourth claim, petitioner contends that the government suppressed evidence that would have tended to prove that the pistol used in the bank robbery was incapable of being fired, and therefore not a dangerous weapon. Petitioner alleges that one Francis Mulholland, an FBI agent, told petitioner’s attorneys after the trial that the pistol was not capable of being fired, and claims that although Mulholland was present at the trial, he made no attempt to correct testimony to the contrary. Mulholland, however, testified at the evidentiary hearing that it was his opinion that the pistol was capable of being fired, that he would have testified to that effect at petitioner’s trial if he had been asked about the pistol, and that he never told anyone that the pistol was a harmless weapon. The district court found as a matter of fact that the government did not suppress any evidence tending to prove that the pistol used in the bank robbery was not a dangerous weapon. Again, in light of the evidence presented, we cannot say that this finding was clearly erroneous. Cf., United States v. Shelton, 465 F.2d 361, 362-3 (4th Cir. 1972).

Petitioner’s fifth contention is that he was prejudiced because the court heard his motion for a continuance in the presence of the venire. However, petitioner made no request that the venire be excused during the hearing on the motion; nor did he challenge the panel selected from that venire. Petitioner knew or should have known at the time the jury was empanelled that the venire had been present during the hearing, and thus his failure to object at that time operated as a conclusive waiver of his right to challenge the panel. Batsell v. United States, 217 F.2d 257, 260 (8th Cir. 1954).

In any event, even assuming arguendo that statements made in the course of the hearing were potentially prejudicial and that they were in fact heard by members of the jury that was later empanelled, the jurors presumably were examined on voir dire as to their ability to render an impartial verdict, and were sworn to decide the case on the evidence, without regard to prior prejudicial information. Cf. Beck v. Washington, 369 U.S. 541, 556-57, 82 S.Ct. 955, 8 L.Ed.2d 98 (1962); Stroble v. California, 343 U.S. 181, 194-95, 72 S.Ct. 599, 96 L.Ed. 872 (1952); United States v. Sawyers, 423 F.2d 1335, 1344 (4th Cir. 1970). Petitioner has the burden of proving that any one or more jurors were in fact prejudiced, Beck v. Washington, supra, 369 U.S. at 558, 82 S.Ct. 955, and this burden cannot be met by a conclusory allegation.

As to his sixth claim, insufficiency of the criminal information on which he was tried, petitioner contends that the information failed to state all the necessary elements of the offense charged and that it was too vague to allow him to draw a proper defense. Petitioner maintains that since the information contained no charge as to aiding and abetting, in violation of 18 U.S.C. § 2, he could not be convicted of aiding and abetting, since he was not put on notice of the necessity of defending against this charge. There is no merit in this contention. An indictment or information need not specifically charge aiding and abetting in order to support a conviction on that charge. United States v. Duke, 409 F.2d 669, 671 (4th Cir. 1969), cert. denied, 397 U.S. 1062, 90 S.Ct. 1497, 25 L.Ed.2d 683 (1970). Rather, since Section 2 applies implicitly to all federal offenses, all indictments and informations are to be read as if the alternative provided for in Section 2 were embodied in each count thereof. United States v. Lester, 363 F.2d 68, 72[*835] (6th Cir. 1966), cert. denied, 385 U.S. 1002, 87 S.Ct. 705, 17 L.Ed.2d 542 (1967).

Petitioner also contends that the act of putting someone’s life in danger by the use of a dangerous weapon is not an offense without the element of willfulness, and that count two of the information omitted this element. This contention is patently frivolous. Count two charged a violation of 18 U.S.C. § 2113(d), using the precise language of that section, which contains no mention of willfulness. Nor does the fact that Section 2(b) uses the term “willfully” mean that an indictment or information embodying Section 2 — as they all do — • must speak in terms of willfulness. Cf. United States v. Gerhart, 275 F.Supp. 443, 454-55 (S.D.W.Va.1967).

Petitioner’s seventh claim is that the jury verdict was too vague. He contends that the jury was charged as to the substantive offenses of bank robbery and armed bank robbery [§§ 2113(a) and (d)], as to aiding and abetting of those offenses [§ 2(a)], and as to causing those offenses to be committed [§ 2(b)]; that the jury’s verdict does not specify which of these alternative theories was the basis of their determination of guilt; and that the conviction must therefore be set aside if any of the alternatives charged was impermissible. He maintains that the first alternative was impermissible in that the evidence was insufficient to support a conviction of the substantive offenses.

We note in passing that petitioner made no objection to the charge at trial. However, we have nevertheless considered petitioner’s allegations and find them to be without merit. The jury was not charged in the alternative; rather, it was charged only as to aiding and abetting, as indicated by the following excerpts from the charge:

# * # # # #
To convict the defendant, Richard Thomas Pigford, as charged in the first count in the criminal information, the government must convince-you beyond a reasonable doubt of three things: First, that Wallace E. Walker and Richard Allen Jackson by intimidation took from the person or presence of an employee of the First National Bank of Smithfield, Drive-In Branch, Highway 301 South, Smith-field, North Carolina, certain money; and second, that such money was in the care, custody, control, management, or possession of said bank; and third, that the defendant, Richard Thomas Pigford, aided and abetted said Walker and Jackson in the commission of said offense.
. ' . If you do not so find from the evidence and beyond a reasonable doubt, it would be your duty to find the defendant not guilty as to the first count.
* * * * * *
To convict the defendant, Richard Thomas Pigford, as charged in the second count in the criminal information, the government must convince you beyond a reasonable doubt of three things: First, that the defendant aided and abetted Walker and Jackson in committing the offense charged in the first count; and second, that Walker and Jackson, while committing said offense, did assault or put in jeopardy the life of Mrs. Nancy Parker, an employee of said bank, by the use of a dangerous weapon, to wit, a pistol; and third, that the defendant, Richard Thomas Pigford, aided and abetted said Walker and Jackson in the commission of said acts.
. If you do not so find from the evidence and beyond a reasonable doubt, it would be your duty to find the defendant not guilty as to the second count.
* * * * * *

Thus there is no basis for petitioner’s contention that the jury’s verdict may have been based upon an impermissible charge.

[*836] Petitioner’s eighth and last contention, insufficiency of the evidence, is patently frivolous. He contends that it was necessary that the prosecution prove an actual violation by petitioner of 18 U.S.C. § 2113(a) and (d) in order to convict him. This is an inaccurate statement of the law, as 18 U.S.C. § 2 makes one who aids or abets the commission of a federal offense equally guilty as the one who actually commits the offense. The evidence amply supported a conviction of aiding and abetting. We note in particular the testimony given by petitioner’s co-defendants, Jackson and Walker. Both men testified that petitioner told them that he had been inside the bank in question and th.at it only had one teller; that petitioner then gave them instructions as to how they should go about robbing the bank; that they proceeded to rob the bank according to his instructions, while he waited outside by the car; that after they robbed the bank, the three of them together drove to a motel, where petitioner distributed part of the proceeds of the robbery, keeping the rest; and that they subsequently left the motel together, were spotted by the police, attempted to escape, and were apprehended. Both men testified as well that petitioner’s instructions involved the use of a gun, and Walker testified that petitioner gave him a gun to use in the robbery and that the gun was loaded and was capable of firing. The testimony of these two men alone, if believed by the jury, was sufficient to sustain a conviction of aiding and abetting an armed bank robbery. The credibility of witnesses is a matter solely within the province of the jury, and is not reviewable by this Court. United States v. Shipp, 409 F.2d 33 (4th Cir. 1969), cert. denied, 396 U.S. 864, 90 S.Ct. 140, 24 L.Ed.2d 117 (1969).

Having duly considered each of petitioner’s contentions and found them all to be without merit, we agree with the district court that the motion to vacate sentence must be denied. Accordingly, although leave to appeal in forma pauperis is granted, the order of the district court is affirmed.

Affirmed.