MYATT v. U.S.

No. 88-1912.

875 F.2d 8 (1989)

Stephen W. MYATT, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided May 23, 1989.


Attorney(s) appearing for the Case

Robert L. Sheketoff with whom Zalkind, Sheketoff, Homan, Rodriguez & Lunt, Boston, Mass., was on brief for petitioner, appellant.

F. Mark Terison, Asst. U.S. Atty., Portland, Me., with whom Richard S. Cohen, U.S. Atty., Augusta, Me., was on brief for the U.S.

Before CAMPBELL, Chief Judge, TORRUELLA and SELYA, Circuit Judges.


TORRUELLA, Circuit Judge.

Stephen Myatt was convicted by a jury of armed bank robbery and conspiracy, in violation of 18 U.S.C. §§ 2113(d), 371 and 372. He appeals the district court's denial, without a hearing, of his motion under 28 U.S.C. § 2255 to vacate his conviction and sentence.

A careful recitation of the facts in this case is necessary to its understanding. The government's case against Myatt consisted almost exclusively of the testimony...

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