United States v. Emanuel W. Simpson

LEVENTHAL, Circuit Judge:

This case involves the propriety of denial of a petition filed under 28 U.S.C. § 2255 without holding a hearing.

The petitioner pleaded guilty on March 12, 1969 to one count of armed robbery. He was represented by court-appointed counsel. He first admitted committing the offense of robbery. The District Court, taking commendable pains to satisfy itself as to the factual predicate of the plea, asked him to recount the circumstances of the robbery. Appellant said he had borrowed a revolver, with bullets, and gone to McKinley Tech High School’s Credit Union, with the gun,…