White v. United States
Opinion
PER CURIAM.
This appeal was heard on the record, briefs and arguments of counsel for respective parties;
And it appearing that appellant, being represented by counsel appointed by the Court, withdrew a plea of not guilty during the progress of his trial in the District Court and entered a plea of guilty to Counts 3 and 4 of the indictment, and was thereafter sentenced in September 1948;
And that on January 11, 1951 he filed his present Petition for Writ of Habeas Corpus which is insufficient as such a proceeding for the reason that it is filed in the District in which he was sentenced instead of in the District of his incarceration, Ahrens v. Clark, 335 U.S. 188 , 68 S.Ct. 1443 , 92 L.Ed. 1898 ; and also because it raises only factual issues concerning his guilt, which facts were known to him at the time of his trial, Sunal v. Large, 332 U.S. 174 , 67 S.Ct. 1588 , 91 L.Ed. 1982 ;
It is ordered that the Proceeding be treated as a motion to withdraw the plea of guilty, and, being so considered, the judgment of the District Court dismissing the Proceeding is affirmed. Rule 32(d), Rules of Criminal Procedure, 18 U.S.C.A.; Smith v. United States, 6 Cir., 180 F.2d 851 .
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