United States v. James Ray Thomas

James Ray Thomas appeals from his conviction, on a plea of guilty, of robbing a federally-insured bank in violation of 18 U.S.C. § 2113 (a) and (d) (1964). The only question presented on the appeal is whether the district court erred in denying his motion to withdraw his plea of guilty.

The indictment against Thomas and others was returned on June 10, 1964. In count one Thomas and Joe Pachero Pino were charged with the robbery of a federally-insured California bank on March 25, 1964, in the course of which an assault was committed and a life was placed in jeopardy. In a second count Thomas and Pino were charged with committing a similar offense on April 22, 1964.

On June 26, 1964, Thomas pleaded guilty to count one. He was sentenced on August 4, 1964, to the maximum period prescribed by law, with provision for a ninety-day study pursuant to 18 U.S.C. § 4208 (c) (1964), and a review of sentence as provided in 18 U.S.C. § 4208 (b) (1964). Thomas pleaded not guilty to the second count and, after entry of the plea of guilty and the sentence on the first count, the second count was dismissed.

For reasons not here relevant, there was a delay of several years in the submission of the…