Theodore E. Lowe v. United States

CASTLE, Chief Judge.

Petitioner appeals from the denial by the district court, after an evidentiary hearing, of his motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. Petitioner and his co-defendant, Donald Ray Bennett, were charged by information with assaulting and putting in jeopardy the lives of three people while robbing a national bank in violation of 18 U.S.C. § 2113(d). At their arraignment both petitioner and his co-defendant waived, by signing the appropriate forms, their right to require the Government to obtain an indictment and their right to counsel, and entered pleas…