Berube

ORDER DENYING MOTION TO VACATE AND SET ASIDE SENTENCE PURSUANT TO 28 U.S.C. § 2255

The Petitioner, incarcerated at the United States Penitentiary at Marion, Illinois, has filed a Motion pursuant to 28 U.S.C. § 2255 . He seeks to attack *858 a sentence of 10 years with parole eligibility under 18 U.S.C. § 4208 (a)(2) imposed by this Court on February 27, 1967, in No. 193 — Criminal following his plea of guilty to assaulting Federal Officers in violation of 18 U.S.C. § 111 .

Petitioner contends that 2 prior convictions, void under Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963), were used to increase the punishment in violation of the holding in United States v. Tucker, 404 U.S. 443 , 92 S.Ct. 589 , 30 L.Ed.2d 592 (1972). He claims that these convictions were in Texas and Florida and attempts to support his allegations by a copy of a document showing that he was sentenced in Florida “in his own and proper person” to a term of 2 years on October 4, 1960. No other facts are alleged, nor is any evidence offered concerning the Texas conviction. The latter allegations are purely conclusions and unsupported by any facts.

These identical contentions were…