Edward H. Holt v. United States

PICKETT, Circuit Judge.

In this 28 U.S.C. § 2255 proceeding appellant Holt seeks to vacate a judgment and sentence entered on his plea of nolo contendere to 2 counts of a 21-count indictment charging him with violation of the Mail Fraud Statutes, 18 U.S.C. § 1341. The plea was entered on October 28, 1968. The basis of the motion is that the district court, prior to accepting the plea, failed to comply with the provisions of Rule 11 of the Federal Rules of Criminal Procedure. The district court found from an examination of the record that Holt had been “fully advised of the charges against him…