Arland L. Gerberding v. United States

VAN OOSTERHOUT, Senior Circuit Judge.

This is a timely appeal by petitioner Gerberding from final order of the United States District Court, entered April 25, 1973, denying his 28 U.S.C. § 2255 motion to vacate sentence imposed upon his plea of guilty to an indictment charging him with aiding in the escape of a federal prisoner, in violation of 18 U.S.C. § 752. The five-year sentence imposed by Judge Bell, now deceased, on November 4, 1955, provides that the sentence is “to be served concurrently and not consecutively with sentence heretofore imposed in the United States District Court for the…