The opinion
KNOCH, Senior Circuit Judge
(dissenting).
It is true that the 1953-1954 record on which the District Judge entered his order, from which this appeal was taken, is silent as to the proceedings at arraignment. We have only the bare docket entry:
Dec. 18, 1953 Defendant advised of his rights — waives reading of Information — Copies of Inf. presented to Defendant and his attorney File Signed Waiver. File Information. Arraignment — Plea of Guilty Oral Motion of Defendant for a pre-sentence investigation report — Case continued to Sat. Jan. 2, 1954 for disposition.
The reporter’s transcript of the hearing was not filed. However, a transcript of the proceedings on sentence within a month later is a part of the record. It seems to me that the colloquy between the now deceased Trial Judge and this appellant at that time can leave the reader with no real doubt that the appellant had made a knowing, voluntary plea. The Trial Judge was still alive in 1958 to consider the appellant’s original motion for correction of his sentence based on the discrepancy in sentence between that imposed on appellant and that imposed on a co-defendant. At that time appellant did not raise the issue of whether a knowing, voluntary plea had been made but the whole tenor of his own motion and of the now deceased Trial Judge’s Memorandum and Order suggest that there was no doubt in the minds of either. I would affirm.