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UNITED STATES v. SIMPSON

No. 23352.

436 F.2d 162 (1970)

UNITED STATES of America v. Emanuel W. SIMPSON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 1, 1970.

Attorney(s) appearing for the Case

Mr. Dennis G. Lyons, Washington, D. C. (appointed by this court), for appellant.

Mr. Broughton M. Earnest, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief for appellee.

Before BAZELON, Chief Judge and WRIGHT and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

This case involves the propriety of denial of a petition filed under 28 U.S.C. § 2255 without holding a hearing.

The petitioner pleaded guilty on March 12, 1969 to one count of armed robbery. He was represented by court-appointed counsel. He first admitted committing the offense of robbery. The District Court, taking commendable pains to satisfy itself as to the factual predicate of the plea, asked him to recount the circumstances...

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