The opinion of the court was delivered by: MCVICAR
This action is before the Court on defendant's motion made under Title 28 U.S.C. § 2255, to vacate, set aside or correct the sentence imposed upon him by this Court on May 8, 1953.
Defendant pleaded nolo contendere to an indictment in seven counts charging him as follows:
Cts. 1 and 3: Making plates for reproduction of U.S. Notes.
Cts. 2 and 4: Possessing such plates.
Cts. 5, 6 & 7: Making photographs of U.S. Note or a part thereof.
Defendant admits that he knew of and pleaded knowingly and willingly to the counts charging him with making photographs of United States currency, but insists that he was not aware of the existence of any charges against him relating to counterfeiting.
In support of this contention he alleged in his motion that he never had a copy of the indictment, that his court-appointed attorney misled him by advising him that he was not charged with counterfeiting but only with the photographing of United States currency, and, further, that the United States Attorney in charge of the proceedings against him similarly misled and misinformed him. The Government in its answer denied these allegations.
There being nothing to show that this defendant was entitled to no relief, the Court granted a hearing, directing the prisoner to be brought from the place of his incarceration. The hearing having been held and concluded, the Court makes the following Findings of Fact and Conclusions of Law:
1. The indictment was laid under Title 18 U.S.C. 474 charging defendant in seven counts, four counts of which relate to the making of plates for the reproduction of United States notes or possessing such plates; and three counts of which relate to the making of photographs of United States currency.
2. Defendant at the time of these proceedings against him was 27 years of age, having had a prior criminal record including a charge and conviction of burglary.
3. Defendant being without counsel, the Court on April 28, 1953, appointed George Shorall, Esq. as attorney for the defendant.
4. On April 30, 1953, the defendant was arraigned in open court, and with his attorney standing beside him, he pleaded not guilty. At this proceeding the United States Attorney in his summary referred to the fact that counterfeiting was charged in the indictment and defendant then stated that he was familiar with the contents of the indictment. (See Transcript of Arraignment).