United States v. Victor Alfred Ray

This appeal is from appellant’s conviction for bank robbery in violation of 18 U.S.C. § 2113 (a). Appellant claims that the District Court committed error by setting aside his plea of guilty to a lesser included offense of possession of stolen property in one count of a four-count indictment, and forcing him to trial on the bank robbery charge. He thus risked a greater penalty on conviction.

Appellant’s plea of guilty was to the charge that he had received and possessed stolen bank funds knowing that they had been stolen. [ 18 U.S.C. § 2113 (c)]. The plea was originally accepted by the District Court after a determination that such plea had been made understandingly and voluntarily. At the time set for sentencing it was learned that the probation report contained information that the defendant-appellant believed himself innocent of the charge to which he had pled guilty. Referring to a similar plea by appellant’s co-defendant, the district judge stated:

When the plea was set for further hearing the district judge stated:

At the time set defendant Ray did not make a further showing. His counsel stated: “ * * * Mr. Ray has told me that, in addition, he wishes to make no further…