¶1No appearance for appellant.
¶2Frank B. Potter, U.S. Atty., Fort Worth,. Texas, Clyde G. Hood, Asst. U.S. Atty., Dallas, Texas, for appellee.
¶3Before HUTCHESON, SIBLEY, and HOLMES, Circuit Judges.
¶5Applying to the court, which had sentenced him on January 21, 1947, upon his-*471plea of guilty, to serve three years in the federal penitentiary, petitioner sought a vacation of the judgment.
¶6Claiming that he was denied assistance of counsel and that the record spoke falsely in stating that the defendant had pleaded guilty, petitioner insists that he was denied due process.
¶7The record shows affirmatively that petitioner, advised of his right to counsel and asked whether he desired to have one appointed, waived the assistance of counsel and entered his plea of guilty. The petition was based upon nothing but appellant’s unsupported statement to the contrary.
¶8The district judge was right in denying the petition.1 The judgment is
¶9Affirmed.