Francis Alfred King v. United States

This is an appeal from an order of the court below denying the appellant’s application for relief under Title 28 § 2255.

Appellant King had been indicted under nine counts charging bank robberies. After he had first pleaded not guilty as to each count of the indictment, he withdrew that plea as to Counts 4 and 6 of the indictment, and as to those counts, he pleaded guilty. At the time this guilty plea was accepted by the court, the court made inquiry of King personally asking him to respond with respect to the various items of inquiry listed in Rule 11 Rules of Criminal Procedure. Through these inquiries the court was satisfied that there was a factual basis for the plea and that the plea was made voluntarily with understanding of the nature of the charge and the consequences of the plea. There is no claim here that the court’s inquiry did not satisfy the requirements of Rule 11. Following these guilty pleas the court sentenced King on Count 4 to imprisonment for a period of 20 years and on Count 6 for a period of ten years, the sentences to run consecutively. There was no appeal from the court’s judgment imposing such sentence but thereafter the present proceeding was instituted…