William Banks v. Olin G. Blackwell, Warden, United States Penitentiary, Alcatraz, California

Appellant was convicted in the District Court for the Southern District of Indiana on June 8, 1953, for a violation of 18 U.S.C.A. § 2114 . He filed an informal notice of appeal to the Seventh Circuit. In his so called notice of appeal he asked for the appointment of counsel on appeal. The notice of appeal was filed late, but the Seventh Circuit excused the delay and permitted the appeal to stand. Appellant was permitted to proceed in forma pauperis.

While the appeal was pending and before the Seventh Circuit acted on his request for the appointment of counsel, appellant voluntarily and of his own motion dismissed the appeal.

Appellant’s next move was to file a motion under 28 U.S.C.A. § 2255 , to correct his sentence. This motion was voluntarily withdrawn. Appellant then moved the Seventh Circuit to reinstate his appeal. This motion was denied on the ground that the appeal had been dismissed on the request of appellant.

Appellant again sought relief under Section 2255, alleging that the indictment under which he had been convicted was fatally defective. This motion was denied in the district court, Banks v. United States, 140 F.Supp. 837 (S.D.Ind. 1956), and the denial was…