United States v. Carl Emmitt Prichard

Carl Emmitt Prichard was convicted following a bench trial of attempted bank robbery in violation of 18 U.S.C. § 2113(a). The conviction was affirmed on direct appeal. See United States v. Prichard, 781 F.2d 179 (10th Cir.1986). Prichard now appeals from an order of the district court denying his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 1 . In the motion to vacate, which was filed with an accompanying memorandum brief, Prichard articulated his grounds for relief as follows:(1) Rule 23(a), F.R.C.P. was violated to defendant’s prejudice by the failure to…