Whitaker v. United States

ORDER DENYING MOTION TO VACATE SENTENCE

HAUK, District Judge.

Petitioner is in federal custody serving concurrent sentences imposed by this Court in Case Numbers 11‘1-CD and 228-CD. A brief chronology of these two cases is helpful to an understanding of the issue involved in this Petition to Vacate Sentence under 28 U.S.C. § 2255.

CASE NUMBER 111-CD

On December 8, 1966, Petitioner was indicted in the Central District of California for a violation of 18 U.S.C. § 2312 (Dyer Act). After pleading not guilty at Arraignment and Plea, Petitioner, on January 23, 1967, changed his plea to guilty and was,…