United States v. Edward J. Dillon, Petition of Manley B. Strayer

This is an appeal from a judgment of the United States District Court for the District of Oregon, directing the United States to pay fees and expenses of counsel appointed by the court to represent a prisoner in connection with proceedings under 28 U.S.C. § 2255 . The opinion of the district court, Dillon v. United States, is reported at 230 F.Supp. 487 .

The jurisdiction of the district court to enter such a judgment against the United States was asserted under the Tucker Act, 28 U.S.C. § 1346 . The jurisdiction of this Court over the present appeal rests on 28 U.S.C. § 1291 .

The facts are not in dispute. The following summary is taken from appellant’s brief, to which appellee takes no issue.

In a proceeding under 28 U.S.C. § 2255 , Edward J. Dillon sought to set aside a sentence of 18 years for armed bank robbery. This sentence had been imposed after Dillon had pleaded guilty. Dillon alleged that the plea was induced by a false promise of a lenient sentence. The district court held a hearing on the petition under 28 U.S.C. § 2255 and denied the relief requested. During the course of this hearing, Dillon made a request for counsel, which was denied. See Dillon v. United…