Richard Allen Tanner v. United States

HILL, Circuit Judge.

On September 26, 1962, Tanner pleaded guilty to a Dyer Act violation, 18 U. S.C. § 2312. While awaiting sentencing on this plea, he escaped from jail. He was subsequently apprehended and on October 25, 1962, he was arraigned on the escape charge, 18 U.S.C. § 751, and on the following day, with appointed counsel present, he pleaded guilty to that charge. After reviewing a pre-sentence report on the defendant, the trial court sentenced Tanner to five years on each charge, to be served consecutively. Now, by a motion made pursuant to 28 U.S.C. § 2255, Tanner asserts that at…