MYRICKS v. UNITED STATES

No. 20239.

434 F.2d 629 (1970)

Leonard Taylor MYRICKS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

December 4, 1970.


Attorney(s) appearing for the Case

D. Michael Kratchman, Detroit, Mich., for appellant.

Peter M. Handwork, Asst. U. S. Atty., Toledo, Ohio, for appellee; Robert B. Krupansky, U. S. Atty., Toledo, Ohio, on brief.

Before PHILLIPS, Chief Judge, WEICK and EDWARDS, Circuit Judges.


EDWARDS, Circuit Judge.

This is an appeal from an order denying a motion to vacate sentence under 28 U.S.C. § 2255 (1964). The District Judge who denied this motion was the same Judge who presided over appellant's trial when he was found guilty of conspiracy and bank robbery. Without further evidentiary hearing the District Judge denied the motion to vacate on the basis of the trial record.

The record of this trial discloses that a bank teller positively...

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