Court of Appeals for the Fifth Circuit December 22, 1971, 71-1063 (Dick Andrew Gee v. United States)

GEWIN, Circuit Judge:

In the presence of counsel, Dick Andrew Gee pled guilty to a charge of failing to submit to induction in the armed forces. He was sentenced to four years in prison. Shortly thereafter he filed a motion to vacate the sentence under 28 U.S.C.A. § 2255 and a motion to modify the sentence under Rule 35 F.R.Cr.P.