United States v. Gary Malcolm

MacMAHON, District Judge:

The appellant, Gary Malcolm, then eighteen years old, was convicted upon his plea of guilty to the crime of bank robbery (18 U.S.C. § 2113(a)) and sentenced to a term of fifteen years on March 22, 1968. He moved the district court in September 1969 for vacation, correction or reduction of sentence or, in the alternative, to vacate his plea of guilty under Rule 35, Fed.R.Crim.P., and 28 U.S.C. § 2255. The motion was denied without a hearing, but after a review of the record, as completely without merit and frivolous.

Malcolm now appeals from the order of denial,…