Michener v. United States

GARDNER, Chief Judge.

This appeal is from an order denying appellant’s motion to vacate sentence and judgment entered against him on May 12, 1936, in the District Court of Minnesota, and granting appellee’s motion to dismiss appellant’s motion. The parties will be referred to as they were designated in the trial court. The grounds for this motion were substantially as follows: (1) Defendant’s plea of guilty to Count 2 was obtained by means of misrepresentations made by the Assistant United States Attorney. These misrepresentations were to the effect that “if defendant pleaded guilty he would…