Lowry Newton Klink v. United States

After waiving counsel and indictment, Appellant Klink pleaded guilty to a violation of 18 U.S.C. § 2312, and was sentenced to a 5-year term on December 14, 1961. The next day he was returned to Court and made an oral motion for reduction of sentence on the ground that a government agent told him he would receive leniency, if he pleaded guilty. After a hearing, the Court denied relief. Klink was aware of his right to appeal, but did not do so within the 10 days prescribed by Rule 37(a) (2), F.R.Crim.P., 18 U.S.C.

Later Klink filed a motion for relief under 28 U.S.C. § 2255. That motion was…