OLIVER v. UNITED STATES

No. 22097.

398 F.2d 353 (1968)

Earl Joseph OLIVER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 9, 1968.


Attorney(s) appearing for the Case

Earl Joseph Oliver, in pro. per.

William Matthew Byrne, U. S. Atty., Robert L. Brosio, Robert M. Talcott, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before HAMLEY, ELY and CARTER, Circuit Judges.


HAMLEY, Circuit Judge:

This is an appeal by Earl Joseph Oliver, a federal prisoner, from an order denying his application, under 28 U.S.C. § 2255 (1964), to vacate the judgment and sentence under which he is imprisoned.

On May 5, 1964, three men, using a shotgun and pistol, robbed a Los Angeles bank of $7,569.44. In doing so they assaulted and put in jeopardy the life of a bank employee. During the course of...

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