Writ of Certiorari Denied June 18, 1945. See 65 S.Ct. 1581.
It appears that on July 30, 1942, appellant was arraigned before the presiding Judge of the United States District Court for the Eastern District of Michigan, Southern Division, to answer charges contained in an indictment of five counts, each charging a violation of Title 12, U.S.C. § 588b (a) (b), 12 U.S.C.A. § 588b (a), (b), and that appellant plead guilty to each of the counts and was sentenced to serve twenty-five years on each of four counts, with the sentence on two counts to run concurrently and on two counts to run consecutively.
On February 17, 1943, the trial court vacated the sentences under three of the four counts and left remaining a sentence of twenty-five years on one count, which appellant is now serving. On September 3, 1943, appellant filed in the original action
Appellant relies on McNabb v. United States, 318 U.S. 332, 63 S.Ct. 608, 87 L. Ed. 819. The rule of this case is confined to situations where the confession illegally obtained is introduced in evidence. It does not give immunity from the result of a plea of guilty voluntarily made in open court after the defendant on inquiry from the presiding Judge has stated that he does not desire the advice and assistance of counsel and that he understands the charges laid in the indictment and voluntarily pleads guilty. The order of the District Court is sustained.