Garza v. United States

On May 10, 1973, a three-count indictment was returned against Appellant Garza. Count I charged him with entering a federally-insured bank with intent to commit bank robbery in violation of 18 U.S.C. § 2113(a). Count II charged him with committing murder while attempting to avoid apprehension in the commission of the above offense in violation of 18 U.S.C. § 2113(e). Count III charged him with assault with a dangerous weapon during the commission of the above offense in violation of 18 U.S.C. § 2113(a) and (d). Two weeks later, the appellant entered guilty pleas to Counts II and III, and Count I was dismissed. Sentencing was deferred until July 19, 1973, at which time the court imposed a life sentence on Count II, and a twenty-five year sentence on Count III, to run consecutively to the sentence imposed on Count II. Although the appellant did not take a direct appeal from the conviction, he subsequently filed a motion under 28 U.S.C. § 2255 to vacate judgment and sentence in the district court. The sole contention presented in his motion was that Counts II and III of the indictment to which he pleaded guilty were fatally defective because they failed to set forth the essential elements of each offense. The appellant argued that not only the first count, but all subsequent counts were required to specify that the crimes were committed within the Western District of Texas and to set forth their relationship to the Federal Bank Robbery Act.