Irving Gilinsky, Also Known as Samuel Benjamin Feldman v. United States

Gilinsky was indicted in United States District Courts of three states, Washington, Illinois, and Colorado, for having issued certain bogus checks for transportation in interstate commerce. 18 U.S.C. §§ 2 , 2314. The three indictments contained, altogether, seven counts, each pertaining to the issuance of a particular check. By passing all of the fraudulent instruments, Gilinsky was alleged to have received a little over $1,000 in money. He was also indicted in Colorado for failing to appear after having been released on bail. 18 U.S.C. § 3146 .

Apprehended in Las Vegas, Nevada, Gilinsky executed, under Rule 20, Fed. R.Crim.P., his Consent that the four indictments might be transferred to the District of Nevada. After their transfer to that District, he pleaded guilty to all counts of the four indictments. Following those pleas he was, on February 19, 1963, sentenced to serve a period of thirty years of confinement, three consecutive ten-year terms under three counts of the Washington indictment and ten-year concurrent terms under the remaining five charges.

Later in 1963, Gilinsky filed a motion under Rule 35, Fed.R.Crim.P., alleging that the four counts of the Washington…