United States v. Walter Wolak, Jr.

This is an appeal from an order of the district court denying petitioner’s motion to vacate sentence under 28 U.S.C. § 2255. The single issue presented for bur consideration is whether the district judge erred when she failed to explain to defendant, when he indicated a lack of understanding, that a consequence of his guilty plea would be the mandatory imposition of a three year parole term in addition to any custodial sentence. We determine that there was error and reverse and remand with instructions to vacate the conviction and sentence to allow petitioner to plead anew.

On August 7, 1973,…