David Conley Poole v. United States

McMANUS, Chief District Judge.

David Conley Poole appeals from the order of Chief Judge Register denying without hearing his 28 U.S.C. § 2255 motion to vacate sentence. Poole’s contentions are (1) he was denied the Sixth Amendment right to assistance of counsel in that his court appointed counsel failed to subpoena co-defendant Richard Curtis Apgar to testify and, (2) the District Court erred in denying him a full evidentiary hearing. We affirm.

Pursuant to waiver of indictment, Poole, Patricia Pratt and Richard Curtis Apgar on November 5, 1969, were charged by information with robbing a bank…