United States v. Fred Harper

SWAIM, Circuit Judge.

This is an appeal from an order denying a motion by the petitioner, Fred Harper, to vacate judgment and sentence pursuant to 28 U.S.C.A. § 2255.

The petitioner not being present for oral argument, the government waived argument and this appeal was submitted on the record and briefs.

Petitioner wasj indicted on April 15, 1955, for violation of the Bank Robbery Act, 18 U.S.C.A. § 2113, and was found guilty as charged in a trial by jury. Petitioner’s motion for a new trial was denied, and on June 30, 1955, he was sentenced for a term of twenty years. On June 30, 1956,…