United States v. Stanley Radowitz

OPINION OF THE COURT

BIGGS, Circuit Judge.

Stanley Radowitz appeals the dismissal of his petition for resentencing pursuant to 28 U.S.C. § 2255. The challenged sentence stems from appellant’s plea of guilty to the charge of robbery of the First Savings and Loan Association of Perth Amboy, Woodbridge, New Jersey, in violation of 18 U.S.C. § 2113(a). Upon accepting this plea on February 16, 1970, Judge Lawrence A. Whipple, sentenced appellant to fourteen years imprisonment 1 but vested immediate parole eligibility with the Board of Parole under 18 U.S.C. § 4208(a)(2).

The appellant now asserts…