Robert Allen French v. United States

This is an appeal from denial by the district court after an evidentiary hearing, of relief under 28 U.S.C. § 2255 .

The appeal presents:

(1) Evidentiary questions and

(2) The question whether failure to answer requests for admissions automatically constitutes an admission which is thereafter completely binding on the defaulting party, or whether the district court may in its discretion, allow additional time to answer the requests for admissions.

THE FACTS

The appellant on July 27,1964, entered pleas of guilty to three counts of a nine count indictment, charging appellant with nine separate bank robberies in violation of 18 U.S.C. § 2113 (a). Following plea, appellant was sentenced to imprisonment for 17 years and 300 days on each of the three counts, to run concurrently.

Appellant moved to vacate his sentence, pursuant to 28 U.S.C. § 2255 . Following the procedure suggested in “Pre-Trial Suggestions for 2255 Cases, etc.,” 32 Fed. Rules Dec., 393-408, counsel was appointed for appellant in the district court, pretrial conferences held and a stipulation and order filed listing the issues to be tried, which were as follows:

(1) Were the pleas of guilty of petitioner in the…