(DOWNLOAD) "Domenica v. United States" by United States Court of Appeals First Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Domenica v. United States
- Author : United States Court of Appeals First Circuit
- Release Date : January 29, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This is an appeal from the denial, on its face, of a motion under 28 U.S.C. § 2255 to "vacate a judgment of conviction" entered upon a plea of guilty, or, alternatively (although not prayed for artistically), to vacate the sentence. On October 30, 1958, an indictment was returned in the United States District Court for the District of Massachusetts in three counts against petitioner and others, Count 3 charging armed robbery of a bank insured by the Federal Deposit Insurance Corporation (18 U.S.C. § 2113(d)). On the following day petitioner appeared for arraignment, accompanied by counsel, and pleaded not guilty. Bail was set and subsequently furnished. Trial was delayed because of the alleged mental incompetency of another defendant. After his sanity was determined, that defendant pleaded guilty and was sentenced. Thereafter, on January 25, 1960, petitioner appeared before the court, retracted his pleas of not guilty, and pleaded guilty to all three counts. Sentence was imposed on Count 3, which he is presently serving. The other two counts were later dismissed. On November 9, 1960, petitioner filed his present motion in the district court. This motion was denied without opinion, and he appeals.