United States v. Emanuel W. Simpson

This case, involving appellant’s petition under 28 U.S.C. § 2255 to set aside his plea of guilty to an armed robbery charge, has been before this court on two prior occasions.1 Following the second remand, a hearing was held on petitioner’s allegation that his assigned counsel falsely represented to him that the trial judge had given assurance that defendant would be sentenced under the Youth Corrections Act.

We conclude that the preponderance of evidence supports the judgment rejecting petitioner’s claim. The record is not entirely free from doubt, particularly in view of the fact that the…