Gregory Micklus v. United States

OPINION

Before DUNIWAY and GOODWIN, Circuit Judges, and CURTIS, * District Judge. DUNIWAY, Circuit Judge:

Micklus, a prisoner in federal custody, appeals from a denial, without a hearing, of his motion to vacate his sentence under 28 U.S.C. § 2255. Micklus makes two claims, which we consider separately.

I. Misinformation as to possible maximum penalty.

Micklus was charged in one count with bank robbery under 18 U.S.C. § 2113(a), and in a second count with bank robbery including assault with a dangerous weapon under 18 U.S.C. § 2113(d). In a separate case, he was charged with escape, presumably…