Andrew Leo Oksanen v. United States

GIBSON, Circuit Judge.

This is an appeal from the United States District Court of North Dakota. The District Court granted appellant’s motion to vacate and set aside his sentence for violation of 18 U.S.C. § 2312 (Dyer Act), on the basis that appellant did not have counsel present at the time of original sentencing in 1955. The District Court, however, refused to set aside appellant’s plea of guilty and re-sentenced appellant to a term of three years, with sentence suspended on conditions of probation. Appellant seeks relief by appealing from this judgment.

The Government has questioned our…