United States v. Russell

WEINFELD, District Judge.

Petitioner, William Upshaw, moves for a writ of error coram nobis to set aside and vacate a judgment of conviction entered on April 2, 1931, upon his plea of guilty to the sale of narcotics. The basis of his motion is that he was not represented by counsel at the time of the pleading or sentence which was imposed immediately thereafter and that he did not intelligently waive his right to the assistance of counsel.

Upshaw is presently confined at Dannemora, a New York State prison, as a multiple offender. Originally he appeared in person but the Court appointed counsel…