Harold Gene McAnulty v. United States

Appellant, Harold Gene MeAnulty, petitioned the district court under 28 U.S. C. § 2255 to vacate a six-year prison sentence which he was serving for theft of property from an interstate shipment in violation of 18 U.S.C. § 659. MeAnulty asserted that the sentencing judge had given explicit consideration to three pri- or felony convictions which were allegedly invalid under Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963), because they rested upon un-counselled guilty pleas. The judge also allegedly considered incorrect information that appellant had suffered a 1957…