James Edwin Rose v. United States

James Edwin Rose has taken this appeal from the district court’s denial of his motion to vacate judgment and sentence filed pursuant to the provisions of 28 U.S.C.A. § 2255. We affirm in part and vacate and remand in part.

The appellant, having waived counsel, was convicted on his plea of guilty on four counts alleging violations of the Federal Bank Robbery Act, 18 U.S.C.A. § 2113(a), (b), (c), and (d). He was sentenced on February 9, 1967, to serve concurrent sentences, respectively, of 18, 10, 10, and 18 years. There was no direct appeal.

Appellant contends that the sentencing court committed…