Bill Harvey Dukes v. United States

OPINION

Dukes was convicted in 1965 of armed bank robbery and sentenced to custody for 25 years. His untimely appeal was denied in November 1966, and certiorari was denied by the Supreme Court. Dukes v. United States, 386 U.S. 946, 87 S.Ct. 982, 17 L.Ed.2d 876 (1967). Later that year, appellant attacked his sentence under 28 U.S.C. § 2255. His motion was denied by the district judge who had sentenced him earlier, and we affirmed on appeal. Dukes v. United States, 407 F.2d 863 (9th Cir. 1969).

Another § 2255 motion, the subject of this appeal, was filed in 1973 alleging that the sentence was…