United States v. Paul Duhart, Paul Duhart v. United States

JOHN W. PECK, Circuit Judge.

Appellant Paul Duhart was jury convicted in 1965 of committing an assault with a deadly weapon while robbing a federally insured savings institution in violation of 18 U.S.C. § 2113(d). A sentence of 25 years was imposed. Appellant failed to perfect a timely direct appeal, but moved, in 1969, for relief under 28 U.S.C. § 2255. The district court denied the motion without an evidentiary hearing. This court reversed and remanded the case for the purpose of determining (1) whether appellant had been deprived of the effective right to appeal, and (2) if certain search…