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‘er . . : 7 grtignas tous mo, te weve-tes r . ; s ce * : . . AY Ver EDITION £.. } , r € . Gis GIN. MG. HO. 3P on J failives UNITED STATES RNMENT a . ALemorandum | TO OO: OM, Sullivay, pate: May 25, 1971 : | Me. Sullivan FROM WW 3d, Rogemn=- > SUBJECT: J“NES HERMAN BOSTIC, ET AL. COMMERCE UNION BANK’ ,, . BORDEAUX BRANCH, Y ' NSSHVILLE, TENNESSEE APRIL 24,1967 BANK ROBBERY On 5/24/71 the U. S. Supreme Court in a unanimous decision per curiam (copy attached) dismissed a writ of certiorari inasmuch as the court had been un fe mistaken yepresentation that the petitioner (Bostic) had been convicted \ j;of the offense of conspiracy to commit murder, The record, a j shows Bostic was neither charged with nor convicted ‘of the c7, ae offense of conspiracy to commit murder, The conspiracy 2 ‘count on which he was convicted did not include any charge ‘of conspiracy to commit murder, but did list the murder as E one of several overt acts to further the Bank Robbery Con~ spiracy. The opinion coatains no criticism or reference to the 1e FA 1 a Captioned bank was robbed by two armed men on 2 4/24/67 who obtained over $29,000, Bostic and William Beard. c were later identified as the subjects. Bureau Agents arrested & Bostic on 6/5/67 and he was subsequently convicted in U. &.. District Court, Nashville, Tennessee, for violation Federal Bank Robbery Statute which included a Bank Robbery - Con- spiracy count for which he received a 25-year. Py Ppt rhe conspiracy count contained Bostic's As oye ‘which was the murder of one of Bostic's Pooks PY EIS: tanother gang member, His conviction "egs Hele Ue Ss. Court of Appeals ,Sixth Circuit. HOT RECORD The U. 5, Supreme Court erant §g8 483 she aN, certiorari to consider whether the Court of Appeal r the | Sixth Circuit had erred in holding that Bewtiewifid properly been convicted of conspiracy to commit murder in order to avoid apprehension for bank robbery. The Supreme Court ea Englosure bet