David M. McGuire v. United States

Appellant, a federal prisoner held in custody at the United States Penitentiary at McNeil Island, Steilacoom, Washington, appeals from an order of the United States District Court, Southern District of California, entered on May 17, 1960, denying without hearing appellant’s motion, based on Title 28 U.S. C.A. § 2255, filed on May 9, 1960, to vacate and set aside the sentence imposed upon him by the same district court on the 15th day of May 1959, following his plea of guilty to counts 4 and 9 of an indictment charging the appellant in each count with the offense of uttering and publishing as true with intent to defraud the United States a United States Treasury check payable to another whose endorsement was forged by appellant, as set forth in Title 18 U.S.C.A. § 495 , and denying without hearing appellant’s motion, filed May 11, 1960, to vacate judgment on counts 4 and 9 of the indictment, based on the provisions of Rule 35 of the Federal Rules of Criminal Procedure, 18 U.S.C.A.

Incorporated in appellant’s verified petition filed on May 9, 1960, under Title 28 U.S.C.A. § 2255 , appellant states: that he was arrested on February 13, 1959 by a California Highway Patrol officer and…