Fred Dwight Jones v. United States

BARNES, Circuit Judge.

On July 22, 1954, appellant was sentenced by Judge Fee (sitting in the United States District Court) after conviction by a jury on four counts of illegally transporting an alien. Sentence on Counts I and II was five years each, to be served concurrently. Counts III and IV were for one year each, to be served concurrently with each other, but consecutive to Counts I and II, or a total sentence of six years. No appeal was taken.

Appellant filed a motion to vacate this sentence under 28 U.S.C. § 2255. This was denied by Judge Fee on April 25, 1956. On November 21, 1957, a…