Bremer

This appeal is from an order granting a petition to set aside and vacate sentences and judgment against appellee, herein for convenience referred to as Bremer. The proceeding was brought pursuant to the provisions of 28 U.S.C.A. § 2255 .

The record shows that on June 1,1951, Bremer was charged by information with a violation of 18 U.S.C.A. § 2312 in that he transported a stolen motor vehicle from Miami, Florida, to Seattle, Washington, knowing it to have been stolen. At the same time he was charged by information, laid under 18 U.S.C.A. § 2314 , with having feloniously transported and caused to be transported from Seattle to Chicago a falsely made and forged security, namely a forged check. After arraignment and pleas of guilty Bremer was sentenced to five years imprisonment on each charge, the sentences to run concurrently.

The Section 2255 proceeding was begun a year later and was heard before the judge who had taken the pleas and imposed the sentences. As amended by counsel appointed by the court, Bremer’s petition alleged that the pleas of guilty were entered without effective assistance of counsel and “under and by reason of a misunderstanding and mistake as to-the…