Gentry v. United States

Arnold Wayne Gentry was convicted and sentenced in the district court to 20 years imprisonment for armed bank robbery, 18 U.S.C. § 2113(d), and to ten years imprisonment for possession and concealment of the proceeds of that robbery, 18 U.S.C. § 2113(c). The sentences were ordered to run concurrently as to both counts and were made subject to the provisions of 18 U.S.C. § 4208(a)(2). The judgments of conviction were affirmed on direct appeal to this court in an unpublished decision, but the appeal did not reach the issues now before us. Subsequently Gentry filed a petition pursuant to 28 U.S.C. § 2255 to set aside the judgments and sentences on the ground that conviction for both armed robbery and possession of the proceeds of that robbery could not stand under Heflin v. United States, 358 U.S. 415, 3 L. Ed. 2d 407, 79 S. Ct. 451 (1959). Further, he argued that under Milanovich v. United States, 365 U.S. 551, 5 L. Ed. 2d 773, 81 S. Ct. 728 (1961), it was incumbent upon the court to set aside the judgments of conviction on both counts and to order a new trial. The district court denied the petition, Gentry v. United States, 386 F. Supp. 1126 (E.D. Tenn. 1974) and this appeal followed.