Daniel Migdol v. United States

This is an appeal from an order of the United States District Court for the Southern District of California, Central Division, denying appellant’s motion un der § 2255, Title 28 U.S.C., to vacate and set aside a sentence imposed in a criminal matter in said court after appellant had changed his plea from not guilty to guilty of said offense. The grounds of the motion were:

1. That the Court lacked jurisdiction to impose said sentence.

2. That appellant was coerced, intimidated, misled and not advised of his full rights at the time he changed his plea from not guilty to guilty, and

3. That the sentence imposed is so ambiguous and harsh that it unduly interferes with appellant’s parole rights.

The record shows that on November 13, 1958, the appellant failed to appear for sentencing after having been convicted of counterfeiting and conspiracy to counterfeit on his plea of guilty in Cause No. 26788-CD. A bench warrant was issued and appellant’s bond was ordered forfeited. Thereafter appellant appeared and on January 13, 1959, he was sentenced to two years on the conspiracy count and five years on the counterfeiting count, said sentences to run concurrently. At that time, upon…