Robert E. Gravenmier, and v. United States of America, And

This is an appeal from an order denying a motion to vacate sentence under 28 U.S.C. § 2255 . Jurisdiction here is based on 28 U.S.C. § 2253 .

On September 8, 1966, petitioner Robert E. Gravenmier was convicted of possession of a sawed off shotgun in violation of 26 U.S.C. § 5851 , § 5854, and § 5821. This was case No. 1. Judge Manuel L. Real, then United States Attorney Real at Los Angeles, was recorded as “of counsel,” with actual appearances made by an assistant United States attorney. On direct appeal, the conviction was affirmed (Gravenmier v. United States, 380 F.2d 30 , 9th Cir., 1967). During the hiatus between conviction and affirmation two events occurred. On November 14, 1966, United States Attorney Real was appointed to the federal district bench. On February 20, 1967, while free on bail pending the outcome of the appeal in the firearm conviction, Gravenmier was again indicted in the district court. This was case No. 2. He was charged in two counts with two separate armed bank robberies. Judge Réal presided over the ensuing trial, which resulted in conviction on count two of case No. 2. The bank robbery sentence in case No. 2 was set at twenty years, to run…