ZIEBART v. UNITED STATES

No. 13191.

185 F.2d 124 (1950)

ZIEBART v. UNITED STATES.

United States Court of Appeals, Fifth Circuit.

November 17, 1950.


Attorney(s) appearing for the Case

Hudson Smart, Abilene, Tex., for appellant.

Cavett S. Binion, Asst. U. S. Atty., Ft. Worth, Tex., for appellee.

Before HUTCHESON, Chief Judge, and McCORD and BORAH, Circuit Judges.


PER CURIAM.

Appellant (petitioner below) applied under Sec. 2255, Title 28 U.S.C.A., for the vacation of his sentence. Two grounds for doing so were alleged. One was that he had pleaded guilty pursuant to an agreement with the United States Attorney that he would receive a sentence of not in excess of five years. The second was: that he did not know, and was not advised, that he was entitled to the assistance of counsel; that he, therefore, did not waive such assistance...

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