Donald Lee Hoptowit v. United States

Appellant appeals from the order of the district court denying appellant’s motion, made under Title 28 U.S.C.A. § 2255 , to vacate and set aside the sentence imposed upon him.

Appellant was charged in the district court with three counts of violations of Sections 661, 1151, 1152 and 3242, Title 18 U.S.C.A.

Count one charged that the appellant on the Yakima Indian Reservation, within the Indian country, and within the specific territorial jurisdiction of the United States, did take and steal a 1941 Studebaker sedan automobile belonging to another, which property was of value exceeding $100.00. Count two charged the appellant with stealing and taking a 1942 Ford two-door automobile, the personal property of another, the value exceeding $100.00, committed at the same Indian Reservation mentioned in count one. Count three charged the appellant with stealing and taking a uniform of the armed forces of the United States belonging to another, of value less than $100.00. Upon arraignment the appellant in open court was fully informed by the district judge of the nature of the charges against him — that each of the first two counts charged the appellant with the commission of a felony,…