James M. Criser v. United States

Appellant Criser was charged in a 6-count information with violations of 18 U.S.C. § 2312. He was represented by retained counsel and pleaded guilty to all counts. He then was, and now is, a prisoner in the Kansas penitentiary. The court sentenced him to three years on each count with the sentences on two counts to run consecutively and the term of the first sentence to begin on his release from the Kansas penitentiary.

Criser moved for relief under Rule 32(d), F.R.Crim.P., on the ground that correction of the sentence was necessary to prevent manifest injustice. He asserted that his retained…