Elmer B. Pickens v. United States
Elmer B. PICKENS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee
Opinion
PER CURIAM:
It is ordered, sua sponte, that counsel be appointed to represent appellant and to assist the court in the determination whether the case of United States v. Jackson, 1968, 390 U.S. 570 , 88 S.Ct. 1209 , 20 L.Ed.2d 138 , applied to the Federal Bank Robbery Act, 18 U.S.C.A. § 2113 (e) in Pope v. United States, 1968, 392 U.S. 651 , 88 S.Ct. 2145 , 20 L.Ed.2d 1317 , should be applied retroactively, and if so, whether the decision should be applied in the instant case in view of the fact that appellant’s sentence was fixed by a jury on his plea of guilty. See Lone v. United States, D.C.N.D.Cal., 299 F.Supp. 855 , April 28, 1969, for a collation of authorities. See Brady v. United States, 395 U.S. 976 , 89 S.Ct. 2146 , 23 L.Ed.2d 764 , certiorari granted on retroactivity question under federal kidnapping act.
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