Wey Him Fong, Alias Wayne Fong v. United States

Wey Him Fong appeals from order of the District Court entered without hearing denying his motion for relief under 28 U.S.C. § 2255 .

On April 29, 1958, appellant was indicted on twelve counts of narcotics crimes in violation of 26 U.S.C. §§ 4704 (a) and 4705(a). He had formerly on January 28, 1949, been convicted of three narcotics violations. On May 12, 1959, he pleaded guilty to Count No. 1, charging him with sale of narcotics, and acknowledged his prior conviction. The remaining counts were dismissed. On May 20, 1959, he was sentenced as a second offender under the enhanced penalty provisions of 26 U.S.C. § 7237 to serve a term of twenty years imprisonment and to pay a fine of $1,000.

On March 1, 1960, appellant moved under § 2255 for leave to withdraw his plea of guilty and for an order vacating his judgment and sentence. He asserted his innocence and that his plea had been induced by misrepresentations as to the consequences of his failure to plead guilty. He contended that the enhanced penalty statute, in its application to his case, constitutes an ex post facto law contrary to Article I, Section 9, Clause 3, of the Constitution of the United States. The District Court…