Richard Montgomery v. United States

Without holding an evidentiary hearing, the district court denied Richard Montgomery’s motion under 28 U.S.C.A. § 2255 to vacate his conviction and sentence and he appeals. Because the affidavits and counter affidavits filed in this cause appear to establish a bona fide controversy, we vacate and remand.

Montgomery was convicted of armed bank robbery, a violation of 18 U.S.C. § 2113(d), upon trial by jury. He now contends that his two court-appointed counsel failed to advise him of his right to take a direct appeal. He further contends that: (1) his confession, which was admitted in evidence,…