Hugh C. Beavers v. United States

This is an appeal from a denial of a motion to vacate sentence under 28 U.S.C. § 2255 . This court has jurisdiction. ( 28 U.S.C. § 2253 .)

Appellant was sentenced (1) to a term of twenty-five years after conviction of having joined with other defendants in robbing a federally insured bank with force and violence, and at that time assaulting bank employees with loaded revolvers ( 18 U.S.C. § 2113 ) and (2) to a five year term for conspiring to commit such acts. ( 18 U.S.C. §§ 371 and 2113.) The sentences ran concurrently.

Three errors are alleged: (1) that there was a denial of effective assistance of counsel; (2) that the government knowingly used false and perjured testimony; (3) tha.t an oral recording of statements made by the witness Carter, “and at a subsequent date made to F.B.I. agents” should have been produced under the Jencks Act Rule.

I

Appellant, according to the F.B.I. agents who interviewed him, was advised of all his rights, including his right to counsel. Appellant had already engaged an attorney, one James Dennis, and presumably had been advised of his rights by his own attorney. Whether he was so advised or not, after conferring with his own attorney, and…