Stacks v. United States

HOLMES, Circuit Judge.

On August 23, 1948, the appellant, charged with violations of sections 408 and 753h, Title 18, U.S.Code, 1 consented to prosecution by information instead of by indictment, waived his right to counsel, plead guilty h> all charges, and was sentenced to a total term of five years imprisonment. On March 29, 1950, appellant filed a motion to vacate the sentence under Section 2255, Title 28, U.S.Code, on the ground that, at his trial, he was denied counsel and, being a layman and “unversed” in legal procedure, he was incompetent to protect his own interests.

On May 17, 1950,…