Kelly

In August 1932 appellant participated in the armed robbery of a postoffice station. In the following month he was arrested and indicted for armed robbery of mail matter, under § 197 of the Criminal Code, 18 U.S. C.A. § 320, 35 Stat. 1126 . Without counsel, he pleaded guilty and was sentenced to twenty-five years imprisonment, the mandatory penalty under the statute, tie now seeks release by writ of habeas corpus. A writ was issued by the lower court, but the writ was discharged and he was remanded to the custody of respondent after hearing, and this appeal follows.

Appellant’s contentions are, that he was ignorant of his right to counsel and did not intelligently waive the same, that his plea of guilty was induced by false threats and promises as to the sentence which he would receive, and that he did not understand the nature of the charge against him or intelligently plead thereto.

The clerk of the court in which appellant was arraigned and sentenced testified that the judge, before accepting appellant’s plea, advised him fully of his right to counsel. The postal inspector who was claimed to have made the false threats and prom *794 ises testified that he did not do so and his…

(concurring).

In light of the settled principles to which Circuit Judge WILBUR calls attention, I agree that the order below must be affirmed. I express no opinion whether, in the circumstances, the considerations last discussed are such as to warrant denial of executive clemency.