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United States v. Andrews

decided: February 19, 1959.

UNITED STATES OF AMERICA, APPELLEE,
v.
ALBERT ANDREWS, DEFENDANT-APPELLANT.



Before CLARK, Chief Judge, MADDEN, Judge, United States Court of Claims,*fn* and HINCKS, Circuit Judge.

Per Curiam.

Andrews' conviction of intent and conspiracy to rob the mails in violation of 18 U.S.C. ยง 2114 was affirmed by us, but returned for resentencing because the trial judge erroneously believed he was without power to suspend the mandatory twenty-five-year penalty for the offense. United States v. Donovan, 2 Cir., 242 F.2d 61. Upon resentencing the judge suspended the sentence of one defendant who was not at the scene of the crime, but left intact the sentences of Donovan and Andrews. On appeal these judgments were affirmed in open court. United States v. Donovan, 2 Cir., 252 F.2d 788, certiorari denied Andrews v. United States, 357 U.S. 940, 78 S. Ct. 1389, 2 L. Ed. 2d 1553. So far as any of ...


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