Gerald Glen Boyden v. United States

The appellant was convicted in the United States District Court of the robbery of a national bank, and was sentenced on April 5, 1965, to prison for 15 years. He appealed that conviction to this court, which affirmed the conviction. Boyden v. United States, 363 F.2d 551 (1966). On July 7, 1967, he filed a petition in the district court in which he had been convicted, requesting that court to vacate the judgment of conviction, and the sentence. His petition was based upon Title 28, United States Code, Section 2255 .

In his petition, Boyden stated, as reasons why he was entitled to the relief which he sought:

The district court denied the appellant’s petition. The court said:

“The petitioner, moving pursuant to Title 28 U.S.C. § 2255 , seeks an order vacating the judgment of conviction and the sentence imposed thereon on April 5, 1965, upon the grounds that he was compelled to attend a police line-up following his arrest, where he was identified in the absence of his appointed counsel, and that the witnesses identifying him at the time of the trial to a large measure based their identification upon their pretrial identification of the petitioner in the line-up.

. He bases his…