Kenneth Young Hee Choy v. United States

This is a second appeal to this court from a denial in the District Court of a motion under 28 U.S.C. § 2255 . Defendant was originally convicted after a plea of guilty to the violation of 18 U.S.C. § 656 (misapplying more than $100.00 from a bank).

Sentence of two years was originally imposed on defendant; the execution of the sentence was suspended and defendant placed on probation for two years. After a hearing, and on August 1, 1961, probation was revoked and defendant was committed to the custody of the Attorney General of the United States for treatment and supervision pursuant to 18 U.S.C.A. § 5010 (b), until discharge by the Federal Youth Correction Division of the Board of Parole as provided in 18 U.S.C. § 5017 (c).

The petition was filed below on October 5, 1964, more than one year after the two year term of his original sentence would have expired.

Petitioner urges three grounds as error:

1. That since the maximum term of imprisonment specified by 18 United States Code, Section 656 , is five years and the maximum penalty under the Federal Youth Corrections Act is six years, the Court should have so advised him before he pleaded guilty;

2. That he was mentally…