Gerard Peabody v. United States

JERTBERG, Circuit Judge:

Appellant appeals from an order of the District Court denying, without hearing, his third motion to vacate sentence under 28 U.S.C. § 2255.

Following trial to a jury, at which appellant was represented by counsel of his own choosing, appellant was found guilty on each of seven counts of an indictment charging violations of 28 U.S.C. § 371 (conspiracy), and 18 U.S.C. § 2113(a), (b), (c) and (d) (bank robbery). On April 26, 1957, he was committed to the custody of the Attorney General for a total of thirty years imprisonment. No written notice of appeal was filed from the…