LOWE v. UNITED STATES

No. 17422.

418 F.2d 100 (1969)

Theodore E. LOWE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

October 24, 1969.


Attorney(s) appearing for the Case

Robert E. Poynter, Bennett & Boehning, Lafayette, Ind., for appellant.

Alfred W. Moellering, U. S. Atty., Fort Wayne, Ind., for appellee.

Before CASTLE, Chief Judge, KNOCH, Senior Circuit Judge, and KILEY, Circuit Judge.


CASTLE, Chief Judge.

Petitioner appeals from the denial by the district court, after an evidentiary hearing, of his motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. Petitioner and his co-defendant, Donald Ray Bennett, were charged by information with assaulting and putting in jeopardy the lives of three people while robbing a national bank in violation of 18 U.S.C. § 2113(d). At their arraignment both petitioner and his co-defendant waived,...

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