Arthur Guy Eagle Thunder v. United States

This appeal is from a denial of appellant’s 28 U.S.C. § 2255 motion below to vacate and set aside a five year sentence imposed following his guilty plea. Appellant was charged with assault with a dangerous weapon in violation of 18 U.S.C. § 1153 and South Dakota Compiled Laws § 22-18-11. Appellant originally entered a plea of not guilty to a three count indictment but was later allowed to enter a guilty plea to Count I. Counts II and III were subsequently dismissed.

Appellant claims that the trial judge failed to comply with Rule 11 of the Federal Rules of Criminal Procedure in that “At no…