Charles Edward Sanders v. United States

Charles Edward Sanders appeals from a district court order denying his motion, made under 28 U.S.C.A. § 2255 , to set aside and vacate a judgment of conviction and sentence on a charge of bank robbery. 18 U.S.C.A. § 2113 (a). The principal point urged on appeal is that the district court erred in failing to grant appellant a hearing before acting upon his motion.

On January 19, 1959, Sanders was brought before the district court, charged with a violation of 18 U.S.C.A. § 2113 (a). The charged was explained to defendant and he was told that it constituted a felony for which he could be fined or imprisoned or both. A copy of the proposed information was handed to him. The court explained to defendant that he had a right to counsel and Sanders stated that he understood that he had that right but wished to waive it. It was also explained to Sanders that he could not be proceeded against except by indictment by the grand jury, unless he waived that right. Defendant stated that he understood that he had that right but waived his right to be proceeded against by indictment and consented to be proceeded against by information.

In response to questioning by the court, Sanders stated that…