McKINNEY v. UNITED STATES

No. 25677.

403 F.2d 57 (1968)

Jessey Kenneth McKINNEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 5, 1968.


Attorney(s) appearing for the Case

Bruce R. Jacob, Thomas E. Baynes, Jr., Atlanta, Ga., for appellant.

Jacob Bumstead, Charles K. Ruth, Asst. U. S. Attys., Beaumont, Tex., Wm. Wayne Justice, U. S. Atty., Eastern Dist. of Texas, Tyler, Tex., Richard Brooks Hardee, U. S. Atty., Eastern Dist. of Texas, Tyler, Tex., for appellee.

Before BELL and MORGAN, Circuit Judges, and GUINN, District Judge.


GRIFFIN B. BELL, Circuit Judge:

This appeal arises from a denial of a motion under 28 U.S.C.A. § 2255 to vacate a sentence of 20 years received upon conviction of 18 U.S.C.A. § 2113(a): unlawfully entering a bank with intent to commit larceny. In his motion, filed on September 12, 1967, and denied without an evidentiary hearing on October 10, 1967, appellant asserted matters going to the validity of his trial as well as a claim that he was denied the right...

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