Earl Joseph Oliver v. United States

This is an appeal by Earl Joseph Oliver, a federal prisoner, from an order denying his application, under 28 U.S.C. § 2255 (1964), to vacate the judgment and sentence under which he is imprisoned.

On May 5, 1964, three men, using a shotgun and pistol, robbed a Los Angeles bank of $7,569.44. In doing so they assaulted and put in jeopardy the life of a bank employee. During the course of the robbery the police were alerted. As the robbers were leaving the bank with the loot, two police officers intercepted them and a running gun battle ensued.

All three of the robbers were wounded but one escaped, to be apprehended later. A bystander received multiple shotgun pellet wounds in the face, neck and chest. Oliver was one of the two robbers captured and arrested at the scene of the crime. He was literally caught red-handed, as he had been shot through the left ring finger in the course of being apprehended.

In a three-count indictment alleging violations of 18 U.S.C. § 2113 (a) and (d) (1964), Oliver was charged not only with this offense but also with two similar bank robberies in which the same three men participated. The other robberies were alleged to have been committed on…