Howard Lee White v. United States

This is an appeal from an order of the district court denying the motion of Howard Lee White, made pursuant to 28 U.S.C. § 2255 (1964) to be released from federal custody.

In three criminal cases in the United States District Court for the Southern District of California, Southern Division, White was convicted on his pleas of guilty and committed to the custody of the Attorney General for a period of study under 18 U.S.C. § 4208 (b) (1964). At the conclusion of the study period, the sentences were modified but not in the presence of White. Relying on United States v. Behrens, 375 U.S. 162 , 84 S.Ct. 295 , 11 L.Ed.2d 224 , White petitioned for a writ of habeas corpus, complaining that under Behrens, he was entitled to be in court when the sentences were modified.

The petition was granted and, with White in court, the modified sentences imposed in these three cases were vacated and then reimposed. White then moved for relief under section 2255, asserting that the district court erred in two respects in reimposing the sentences, viz.: (1) the court failed to advise White at that hearing that he was entitled to the assistance of counsel, and (2) White’s motion made at that hearing…