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FONTAINE v. UNITED STATES

No. 74-1378.

526 F.2d 514 (1975)

David X. FONTAINE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 8, 1975.

Certiorari Denied March 22, 1976.

Attorney(s) appearing for the Case

Martin A. Tyckoski, Flint, Mich. (Court-appointed), David X. Fontaine, pro se, for petitioner-appellant.

Ralph B. Guy, Jr., U.S. Atty., Michael Gladstone, Detroit, Mich., for respondent-appellee.

Before PHILLIPS, Chief Judge, and CELEBREZZE and PECK, Circuit Judges.

PHILLIPS, Chief Judge.

In Fontaine v. United States, 411 U.S. 213, 93 S.Ct. 1461, 36 L.Ed.2d 169 (1973), the Supreme Court vacated the judgment of this court and remanded to the end that David X. Fontaine be afforded an evidentiary hearing on his petition to vacate sentence pursuant to 28 U.S.C. § 2255.

Chief District Judge Frederick W. Kaess, who imposed the sentence after Fontaine entered a plea of guilty, had...

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