Ronald Louis Casebeer v. United States

Good Law
531 F.2d 949·1976 U.S. App. LEXIS 12619
United States Court of Appeals for the Ninth CircuitMarch 2, 197675--1082California1,590 words

Opinion

Opinion

Petitioner Ronald Casebeer filed a motion pursuant to 28 U.S.C. § 2255 on January 18, 1974, seeking an order setting aside his pleas of guilty on February 22, 1972, to three counts of armed bank robbery and murder incidental thereto, 18 U.S.C. § 2113 (a), (d), (e), and the federal sentence imposed. He was granted an evidentiary hearing on his motion on October 30, 1974. Following that hearing the court, after making findings of fact and conclusions of law, denied Casebeer’s motion and dismissed his action. This appeal followed.

Petitioner-appellant was indicted on November 19, 1971, on the three counts of armed bank robbery and murder, supra. In addition, petitioner was indicted on felony-murder charges in the Circuit Court of the State of Oregon for Lane County, for acts committed by an accomplice during one of the bank robberies, pursuant to Ore.Rev. Stat. § 163.010(1) (repealed in 1972). He instructed his counsel, whose ability is not questioned, to make the best possible bargain for him in exchange for guilty pleas. That bargain was incorporated into a letter dated January 31,1972, which was read into the court record at the time of the plea.

At the evidentiary…

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