Alexander J. Woykovsky v. United States

Appellant, a federal prisoner held in custody at the United States Penitentiary at Leavenworth, Kansas, appeals from an order of the United States District Court for the District of Nevada entered on December 28, 1961 denying, without a hearing, appellant’s motion filed on November 22, 1961 under Rule 35 of Fed. Rules Crim.Proc., to correct “an unlawful and illegal” sentence imposed upon him by that court on February 25, 1954.

The history of prior proceedings discloses that on February 25, 1954, while represented by court-appointed counsel, the appellant entered pleas of Guilty to counts contained in a criminal information charging violations of §§ 495, 500 and 1708 of 18 U.S.C. and was sentenced to five consecutive two-year terms of imprisonment. On March 5, 1954, the district court modified appellant’s sentence under one of the counts providing that one two-year sentence imposed on one of the counts should run concurrently with that imposed on one of the other counts, thus making a total sentence under all counts of eight years.

Appellant remained incarcerated in the federal penitentiary until paroled on September 7, 1959, nine hundred and one days prior to the expiration of…