HOYT v. UNITED STATES

No. 5759.

252 F.2d 460 (1958)

Marlin Dean HOYT and Robert Frederick Mall, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

January 27, 1958.


Attorney(s) appearing for the Case

Robert W. Feiring, Kansas City, Kan., for appellants.

E. Edward Johnson, Topeka, Kan. (William C. Farmer, Topeka, Kan., and Milton P. Beach, Kansas City, Kan., on the brief), for appellee.

Before MURRAH, LEWIS, and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

Appellants Hoyt and Mall contend that the trial court erroneously denied them relief under 28 U.S.C. § 2255 from sentences imposed for violation of 18 U.S.C. § 2312. They assert that they were deprived of their constitutional rights when the court denied their motions, made prior to sentence, for permission to withdraw pleas of guilty and to enter pleas of not guilty.

At their arraignment on January 14, 1957, appellants...

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