William Eldridge Caldwell, Jr. v. United States

KEITH, Circuit Judge.

William E. Caldwell, Jr. was convicted of attempted bank robbery on February 11, 1976. The conviction was upheld by this court in an unpublished order in United States v. Caldwell, 549 F.2d 802 (6th Cir. 1976), cert. denied, 431 U.S. 919 (1977). Caldwell now petitions for habeas relief under 28 U.S.C. § 2255. 1

FACTS

On the morning of May 24, 1974, two armed men wearing ski masks attempted to rob the Community Bank of Erlanger, Kentucky, a federally insured institution. They did enter the bank building, but an alert bank employee activated a “silent alarm” before the…