Kenneth Young Hee Choy v. United States

HAMLIN, Circuit Judge.

This is an appeal from the denial by the United States District Court for the District of Hawaii of a motion under 28 U.S.C. § 2255 made by Kenneth Young Hee Choy, appellant herein, to set aside what was alleged to be an illegal sentence.

On October 15, 1959, appellant pleaded guilty to a violation of 18 U.S.C. § 656 (embezzlement from a national bank). The amount involved was more than $100, and the maximum sentence possible was a fine of $5000 or imprisonment for five years, or both. The district judge, after a pre-sentence report, sentenced appellant to imprisonment…