United States v. Harry L. Davis

In December, 1968, appellant and another were indicted in one count for violation of 18 U.S.C. § 2113 (a) [bank robbery] and in another count for violation of 18 U.S.C. § 2113 (d) [bank robbery by use of a dangerous weapon]. On December 23, 1968, after consultation with appointed counsel, appellant entered a plea of guilty to count one of the indictment. On January 20, 1969, he was sentenced. At the same time, count two of the indictment was dismissed on the government’s motion.

A previous 28 U.S.C. § 2255 motion was denied by the district court and by this court. Davis v. United States, 441 F.2d 658 (9th Cir. 1971).

The sole issue presented to the district court on the present 2255 motion is whether the government, upon the plea of guilty, was required to prove that the deposits of the bank were insured by the Federal Deposit Insurance Corporation, as alleged in the indictment. Appellant does not assert that his guilty plea was involuntary, nor that it was made with a misunderstanding of the nature of the charge or the consequences of the plea. For that matter, he might well be precluded from making such contentions. Davis v. United States, supra. In these circumstances, a plea…