William Edward Earley v. United States

This is an appeal in forma pauperis and in propria persona from the denial of a § 2255 petition. Appellant had originally entered a plea of guilty to an indictment charging him with a violation of 18 U.S.C. § 2113 (a). The court below had jurisdiction of both proceedings ( 18 U.S.C. §§ 2113 (a) and 3231; 28 U.S.C. § 2255 ), as we have on this appeal (28 U. S.C. §§ 1291,1294 and 2255).

Appellant’s two points raised below were (1) that his guilty plea was coerced, because of an alleged promise of leniency by the United States Attorney, and (2) that he was denied counsel after arrest, and the statements then obtained from him were unfairly used by the government.

Appellant’s original plea was entered April 27, 1964. A month later he moved for a reduction of sentence, which was denied. Seventeen months later his petition under § 2255 was filed. No “full hearing” was had on this motion in the district court. None is required under the language of the section itself where “the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief.” United States v. Fleenor, 177 F.2d 482 (7th Cir. 1949).

The trial judge filed a thirteen page order…