Foster v. United States

RULING ON MOTION TO VACATE THE SENTENCE

BLUMENFELD, District Judge.

This is a petition brought under 28 U.S.C. § 2255 seeking vacation of the sentence and judgment of conviction imposed upon a plea of guilty to an indictment charging petitioner with failure to report for induction into the Armed Forces in violation of 50 App.U.S.C. § 462. Petitioner was sentenced under the Youth Corrections Act to an indeterminate sentence, not to exceed four years.

The file introduced into evidence at the hearing on this petition reveals that on February 29, 1968, petitioner Foster, then classified I-A, had…