Opinion

Jess Frank Brown v. United States

368 F.2d 573

Court: Court of Appeals for the Fifth Circuit
Filed: Nov 21, 1966
Status: Published
On the bench: Jones, Wisdom, Goldberg
Cited by: 1 cases
Authority: More cited than 57.6%

The opinion

PER CURIAM:

The appellant filed a motion under 28 U.S.C.A. § 2255 seeking relief from a conviction and sentence imposed after a plea of guilty to a violation of the Dyer Act. 18 U.S.C.A. § 2312 . The question here seems to be the same as that which was presented by Marvel v. United States, 380 U.S. 262 , 85 S.Ct. 953 , 13 L.Ed.2d 960 . Following the precedent of that decision, the judgment of the district court is vacated and the cause remanded for a hearing as to whether the appellant was misled by the trial judge as to the maximum sentence.

Vacated and remanded.

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