Smith, because of his prior criminal record received the maximum of twenty-five years while Montez received a twenty year sentence.Īt approximately 3 p. Subsection (b) increases the maximum penalty to $10,000 and/or twenty-five years when an assault by the use of a dangerous weapon is committed in the course of such robbery. Subsection (a) pertains to the robbery of a Federal Reserve Bank by force and violence and the pertinent portion provides a maximum penalty of a fine of 1,000 or twenty years imprisonment, or both. Both men were charged with a violation of 12 U.S.C.A. Appellant Montez was convicted by the same jury of aiding and abetting him. The bank was a member of the Federal Reserve System. Atty., all of Los Angeles, Cal., for appellee.īefore MATHEWS, HEALY and BONE, Circuit Judges.Īppellant Smith, alias Corie, was convicted by a jury of robbing a Los Angeles branch of the Bank of America on December 4, 1947, by the use of a dangerous weapon. Avery, both of Los Angeles, Cal., for appellants. United States Court of Appeals Ninth Circuit.
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