United States v. Roberto Power Benthien

ALDRICH, Chief Judge.

On September 13, 1967, after a jury finding of guilty, defendant was sentenced in the district court of Puerto Rico by a visiting judge. He was represented by competent counsel, and the court, relying upon counsel, did not itself inform defendant of his appeal rights as required by Fed.R.Crim.P. 32(a) (2). Defendant did not appeal. Thereafter he filed a 28 U.S.C. § 2255 motion seeking to reinstate his right of appeal. The court found that although the trial judge did not advise defendant of his rights, his counsel did so immediately following the imposition of sentence,…