William A. Sweeney v. United States

KILEY, Circuit Judge.

The United States Attorney has confessed error in this § 2255 1 proceeding by reason of the district court’s denial of petitioner’s request for appointment of counsel. We reverse the judgment denying relief and remand for further proceedings.

On April 18, 1963, upon advice of court-appointed counsel, petitioner, a first offender, pleaded guilty to, and waived indictment for, a violation of the Dyer Act, 18 U.S.C. § 2312. The district court imposed the maximum sentence of five years but suspended the sentence and placed petitioner upon probation for five years. On October…