Marlin Dean Hoyt and Robert Frederick Mall v. United States

BREITENSTEIN, Circuit Judge.

Appellants Hoyt and Mall contend that the trial court erroneously denied them relief under 28 U.S.C. § 2255 from sentences imposed for violation of 18 U.S.C. § 2312. They assert that they were deprived of their constitutional rights when the court denied their motions, made prior to sentence, for permission to withdraw pleas of guilty and to enter pleas of not guilty.

At their arraignment on January 14, 1957, appellants appeared with retained counsel. At that time they stood mute. On February 7, 1957, they were again before the court with their counsel and each…