Jesse Eugene Dearinger v. United States

MERRILL, Circuit Judge:

Appellant, convicted in 1963 of bank robbery and assault during a bank robbery (18 U.S.C. § 2113(a) and (d)), appealed to this court and secured a reversal for failure of the District Court to allow him to call witnesses against the advice of his counsel. Dearinger v. United States, 344 F.2d 309 (9th Cir. 1965). Upon retrial he was again found guilty and sentenced, and has again appealed. The case involves robbery of the University Place branch of the National Bank of Washington, near Tacoma, Washington, on November 21, 1962.

Prior to his second trial, appellant moved to…