Brown v. United States

JOHNSEN, Circuit Judge.

The appeal is from an order denying a motion to vacate a sentence.

Appellant pleaded guilty in 1945 to two counts in an indictment and was given a separate sentence on each count. In 1947, he filed the present motion to have the sentence on the first count vacated.

The first count charged appellant and two others, named Rutledge and Woolsey, with having entered into a conspiracy, in violation of 18 U.S.C.A. § 88, to effect appellant’s and Rutledge’s escape from the county jail of Union County, Arkansas, where they were in custody as federal prisoners.1 The three…