Chester A. Schutz v. United States

HILL, Circuit Judge.

Appellant Schütz was convicted on a two count indictment charging him with entering a bank with intent to commit a felony in violation of 18 U.S.C. § 2113 (a), and taking deposits from the bank with intent to steal in violation of 18 U.S.C. § 2113(b). Schütz directly appealed to this court, and his conviction was affirmed. 1 2 Schütz now seeks to collaterally attack his conviction by motion pursuant to 28 U.S.C. § 2255. The trial court denied his motion without a hearing and Schütz takes this appeal.

The facts are fully set out in our earlier opinion and need not be again…