Edmund Cote v. United States

Edmund Cote, appellant herein, was tried in the United States District Court for the District of Nevada in a court trial for violating 18 U.S.C. § 2113 (a) — armed bank robbery. . He was found guilty by the district judge and on November 15, 1963, was sentenced to a term of imprisonment. No appeal was taken from this judgment. On November 5, 1964, appellant filed in the United States District Court for the District'of Nevada a motion pursuant to 28 U.S.C. § 2255 . For the hearing of that motion appellant was brought by order of the court from the United States penitentiary at Atlanta, Georgia, where he had been confined pursuant to the sentence, to Las Vegas, Nevada. Counsel was appointed by the court to represent him, and after a pretrial hearing at which appellant and his counsel were present, the motion was set for hearing on May 17, 1965. At the hearing, appellant called as witnesses the attorney who represented him at the time of his trial and two federal agents who interviewed him. The appellant also testified. On May 27,1965, the district judge made findings of fact, conclusions of law, and a judgment denying appellant’s motion. There was a timely appeal by appellant to…