Kenneth J. McDonald v. United States

Appellant was convicted by a jury of violating 18 U.S.C. § 2421 , commonly known as the Mann Act. His conviction was not appealed. After serving two years of his five year sentence, appellant moved to vacate and set aside the judgment under 28 U.S.C. § 2255 . After the preparation of the manuscript of the trial proceedings, a hearing was held by the district court, at which appellant was represented by counsel, but was not personally present. After the hearing, this motion to vacate and set aside the sentence was denied. This is an appeal from such denial. This Court has jurisdiction of the appeal.

At the original trial appellant was rep- , resented by appointed counsel. At the § 2255 hearing, he was represented by appointed counsel. On this appeal, still other appointed counsel represented him. This Court cannot refrain from expressing satisfaction in reading a record such as that which is now before us, disclosing as it does the willingness of four several counsel to give of their time and energy without compensation, in order that a defendant and appellant with limited funds may have the ingenious and enlightened representation that has so evidently here been received by such…