Robert B. Barrett v. United States

The defendant filed petition to vacate sentence pursuant to Title 28 U.S.C. § 2255 and the same was denied by the trial court. The appellant claimed in his petition that his constitutional rights were denied him because: (a) he was prosecuted for a capital offense upon a criminal information and not an indictment; (b) that waiver of indictment and venue were not binding upon him and did not confer power on the district court to hear his case; (c) that he was not properly represented by counsel when indictment and venue were waived; and (d) that he should have been permitted to be present at…