James Waddell v. Noah L. Alldredge, Warden, Lewisburg Federal Penitentiary

The sole issue to be determined upon this appeal is whether the district court erroneously found that Appellant Waddell was not entitled to relief under 28 U.S.C. § 2255 on the basis of his contention that his sentencing court failed to advise him of his right to appeal his conviction in forma pauperis, after entry of his plea of guilty. 1

As the court below correctly held, Rule 32(a) (2), F.R.Cr.P., requires a federal district court to advise the defendant of his right to appeal without cost only in eases where the defendant has been convicted upon a plea of not guilty. Since Waddell did not…