Bernard Herman Frand v. United States

BRATTON, Circuit Judge.

An indictment was returned in the United States Court for Kansas charging Bernard H. Frand and Byron Leslie Mc-Cabe with the offense of transporting in interstate commerce a stolen automobile knowing it to have been stolen. Both of the accused were found guilty and each was sentenced to imprisonment. No appeal was taken. Frand filed a motion under 28 U.S.C. § 2255 to vacate the judgment and sentence imposed upon him. The motion was denied without a hearing. On appeal, the order denying the motion was reversed and the proceeding was remanded with directions to grant a…