United States Ex Rel. Billie Frield Swaggerty v. Honorable Win G. Knoch

DUFFY, Chief Judge.

Appellant Swaggerty was charged in an indictment with violating 18 U.S.C.A. § 659 and 18 U.S.C.A. § 2312, based upon the high-jacking of an interstate shipment of whiskey and the kidnaping of the truck driver. Upon the trial, appellant was represented by John Gannon, Esq. who was experienced in the trial of criminal actions. Defendant entered a plea of guilty, his attorney having suggested such a course. No appeal was taken from the judgment of conviction.

Thereafter, Swaggerty filed a motion to vacate the sentence and in the alternative to reduce the sentence and modify the…