Sidney v. Fortia v. United States

This is an appeal from an order of the district court denying Fortia’s motion to vacate sentence pursuant to 28 U.S.C.A. § 2255. We vacate and remand.

Fortia, acting pro se, was convicted on his pleas of guilty on October 9, 1963 to three counts of mail theft, violations of 18 U.S.C.A. § 1708; and to three counts of forging and uttering United States Treasury cheeks, violations of 18 U.S.C. A. § 495. He was sentenced to six consecutive terms totalling eight years. In his § 2255 motion Fortia alleged that his guilty pleas were not knowingly and understandingly made because he was not advised of…