George Vega-Murrillo v. United States

This appeal is taken from an order of the District Court denying the motion of appellant brought under Section 2255 of Title 28 U.S.C.A.

Appellant was charged in a three-count indictment, returned March 2, 1955, alleging violations of Section 1324(a) (2), Title 8 U.S.C.A., illegal transportation of aliens. He pleaded guilty to each count- He received consecutive sentences of three, two and two years.

No appeal was taken from the judgment, but on June 22, 1955, appellant presented to the trial court a motion under Section 2255 claiming that, though he was charged with three counts of transportation, the three aliens were in fact transported at the same time and in the one conveyance. From this he argued that but one offense was committed and that the sentence thereon should be reduced to the two years under Count 3. This motion was denied on March 30, 1956, and no appeal was taken from the order denying the same.

On May 8, 1956, he filed a second petition under Section 2255 and Rule 35 of the Federal Rules of Criminal Procedure, 18 U.S.C.A., in which he claimed, for the first time, that he did not receive adequate representation from the court-appointed counsel. He also again…