Raymond Arrastia v. United States

INGRAHAM, Circuit Judge:

STATEMENT OF THE FACTS

Appellant, represented by privately retained counsel, entered pleas of not guilty to three separate counts of an indictment which charged in two counts violations of 26 U.S.C. § 4704(a) and in the third count a violation of 26 U. S.C. § 4705(a).

After trial by the court, he was found guilty and sentenced to two years under Count Two and five years under Count Three to run concurrently. Count One of the indictment was dismissed on motion of the United States Attorney.

In January, 1970, Appellant filed a motion to vacate sentence pursuant to 28 U.S.C.…