Woodrow W. Gainey, Jr. v. United States

LEWIS, Circuit Judge.

Appellant, having waived indictment, was charged in a two-count information with having committed the criminal violations of kidnapping (18 U.S.C.A. 1201) and interstate transportation of a stolen vehicle (18 U.S.C.A. 2312). After entry of plea of guilty to each of the two counts, appellant was sentenced on June 28, 1958, to imprisonment for ten years under Count 1 and for five years under Count 2, the sentences to run concurrently.

On October 17, 1962, appellant lodged with the District Court for the District of Kansas a petition, properly considered by the court as a…