Willie Peele v. United States

This appeal is from the dismissal without a hearing of a petition under 28 U.S.C. § 2255 to set aside appellant’s conviction. Appellant was indicted for armed bank robbery under 18 U.S.C. § 2113 (d). He waived indictment and entered a plea of guilty to an information charging two counts of unarmed bank robbery under 18 U.S.C. § 2113 (a). On defense counsel’s assurance that the pleas to Counts 1 and 2 were “voluntarily and understandingly offered,” the arraigning judge accepted them. In August 1954 appellant was sentenced to eighteen years imprisonment on Count I, and five years probation on Count II, to run consecutively. In May 1966, twelve years after his conviction, appellant filed this motion under 28 U.S.C. § 2255 .

Appellant alleges that his pleas of guilty were not voluntary because an Assistant United States Attorney promised that 1) he would inform the judge that appellant was unarmed when he robbed the banks; 2) he would inform the probation officer and judge only of those facts recited in the information; and 3) he would recommend two, ten year, concurrent sentences. These promises were allegedly made before appellant’s attorney. Appellant claims that he entered his…