Richard T. Lynch v. United States

Before us is an appeal from a judgment of the United States District Court for the Southern District of California, Southern Division, denying petitioner’s motion to vacate judgment and sentence under 28 U.S.C. § 2255 .

Appellant, while represented by appointed counsel, pleaded guilty to the charge of robbing a savings and loan association in violation of 18 U.S.C. § 2113 (a) and (d), and was sentenced to the custody of the Attorney General for a period of ten years.

At the evidentiary hearing conducted by the District Court, held on petitioner’s motion, petitioner was represented by two counsel appointed by the District Court, neither of whom represented petitioner in the criminal proceedings. In his motion, and at the hearing, petitioner contended that in the criminal proceedings:

(1) his guilty plea was not voluntarily made but was induced by coercion and misrepresentation;

(2) he was not represented by competent counsel;

(3) his admissions or confessions were illegally obtained from him;

(4) he was not promptly arraigned; and

(5) he was not mentally competent and not able to understand the nature of the proceedings against him, and to cooperate with counsel in his…