Arthur E. Robbins v. United States

Appellant was convicted in 1963 of a violation of Section 2113(a) and (d) of Title 18, and was committed to the custody of the Attorney General for a period of 25 years. Upon appeal the conviction was affirmed by this court (9 Cir., 345 F.2d 930 ).

In 1965, the appellant filed, a motion in the district court pursuant to Title 28 U.S.C. § 2255 and Rule 35 of the Federal Rules of Criminal Procedure, seeking to set aside the sentence imposed by the trial court. This is an appeal from the denial of that motion.

The appellant urges that the Commissioner erred in refusing his request for appointment of counsel at the preliminary hearing, but he does not direct us to any prejudice suffered by reason of such refusal. Absent a showing of prejudice, denial of counsel at a preliminary hearing is not grounds for reversal of a trial court conviction. Johnson v. United States, 361 F.2d 447 (CA 9), cert. den. 385 U.S. 976 , 87 S.Ct. 516 , 17 L.Ed. 2d 439 .

There was ample evidence to convict appellant of “placing life in jeopardy” within the meaning of subsection (d) of § 2113. See Wagner v. United States, 264 F.2d 524 (CA 9).

The appellant’s charge that the trial judge was prejudiced…