CHAPIN v. UNITED STATES

No. 7904.

341 F.2d 900 (1965)

John Dee CHAPIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 24, 1965.


Attorney(s) appearing for the Case

James L. Billinger, Denver, Colo., for appellant.

Thomas E. Joyce, Asst. U. S. Atty. (Newell A. George, U. S. Atty., was with him on the brief), for appellee.

Before LEWIS and SETH, Circuit Judges, and DAUGHERTY, District Judge.


LEWIS, Circuit Judge.

This appeal follows denial of relief by the trial court of appellant's motion to vacate sentence under 28 U.S.C. § 2255. The factual background of the case is undisputed and uncomplicated: Appellant, after being advised by the court that the maximum sentence for a violation of 18 U.S.C. § 2312 (Dyer Act) was five years, entered a plea of guilty to a charge made under such Act. Thereafter and over his protest he was sentenced under the...

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