WILCOX v. UNITED STATES

No. 21211.

381 F.2d 450 (1967)

Robert Cecil WILCOX, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

August 2, 1967.


Attorney(s) appearing for the Case

Robert Cecil Wilcox, in pro. per.

Eugene G. Cushing, U. S. Atty., Seattle, Wash., for appellee.

Before MADDEN, Judge of the Court of Claims, and HAMLEY and BROWNING, Circuit Judges.


PER CURIAM:

Appellant was charged with violations of 18 U.S.C. §§ 2113(a), (b), and (d) in a five-count indictment. On September 15, 1954, he pleaded guilty to Count III, charging a violation of section 2113 (d) after being advised by government counsel that it was immaterial that the gun used in the robbery was unloaded.

The district court denied relief under 28 U.S.C. § 2255 on the ground that the advice given appellant in 1954 "was a correct...

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