AUSTIN v. UNITED STATES

No. 23140.

408 F.2d 808 (1969)

Robert John AUSTIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 30, 1969.


Attorney(s) appearing for the Case

Robert John Austin, in pro. per.

Wm. M. Byrne, Jr., U. S. Atty., Robert L. Brosio, John W. Hornbeck, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before BARNES, MERRILL and CARTER, Circuit Judges.


JAMES M. CARTER, Circuit Judge:

This is an appeal from an order of the district court denying relief on a petition under 28 U.S.C. § 2255 without holding an evidentiary hearing.

Appellant was indicted for bank robbery under 18 U.S.C. § 2113(a). Appellant, represented by counsel, entered a plea of guilty to the charge. On May 3, 1965, he was sentenced to a term of ten years, under the provisions of 18 U.S.C. § 4208(a) (2). The court recommended...

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