Gasper Joseph Gulizio v. United States

Appellant pleaded guilty to a charge that in violation of 18 U.S.C. § 659 and 18 U.S.C. § 2 he possessed stolen property. When sentenced upon this plea the sentencing judge failed to ask appellant if he had anything to say before sentence was pronounced, as required by Rule 32 (a) Fed.R.Crim.Proc. Appellant, however, at the time of sentence was represented by counsel and his counsel spoke in his behalf. Appellant, pursuant to 28 U.S.C. § 2255 moved to vacate his sentence. The district court denied the motion and denied a motion for reargument, but granted leave to appeal in forma pauperis.

We…