Kenneth W. Natale v. United States of America, United States Board of Parole

Appellant appeals from an order of the District Court for the District of Arizona, entered July 17, 1968, denying his motion to vacate sentence. On April 2, 1962, appellant was committed to the custody of the Attorney General for a term of ten years, on his plea of guilty to a violation of 18 U.S.C. § 1201 (a) [Federal Kidnaping Act], which, in relevant part, provides:

Appellant was released on parole from the Federal Penitentiary in June 1968, and is presently incarcerated in the Arizona State Penitentiary, serving a term of four to five years, following his conviction of assault with a deadly weapon. A detainer and parole violator warrant was filed against appellant by the Board of Parole, and appellant now faces the possibility of the revocation of his parole when his Arizona sentence expires in February, 1971.

At arraignment in the District Court, on March 26, 1962, appellant, represented by counsel, waived indictment by grand jury and elected to proceed on an information filed by the United States Attorney. The charging part of the information filed, reads as follows:

At the time of his arraignment, Rule 7, Federal Rules of Criminal Procedure, in parts pertinent, provided,…