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SMITH v. REID

No. 10880.

191 F.2d 491 (1951)

SMITH v. REID.

United States Court of Appeals District of Columbia Circuit.

Decided July 12, 1951.

Attorney(s) appearing for the Case

Dale L. Jernberg, Washington, D. C., appointed by this court, for appellant.

Joseph F. Goetten, Asst. U.S. Atty., Washington, D. C., with whom George Morris Fay, U.S. Atty., and Joseph M. Howard, Asst. U.S. Atty., Washington, D. C., were on the brief, for appellee.

Before EDGERTON, PRETTYMAN, and PROCTOR, Circuit Judges.

PROCTOR, Circuit Judge.

After plea of guilty and sentence upon an indictment for housebreaking and larceny,1 appellant moved the District Court, pursuant to 28 U.S.C. § 2255, to vacate the sentence and to allow withdrawal of the plea. In support of the motion he alleged that he had been induced to enter the plea upon the erroneous and incompetent advice of his attorney,2 and was thereby deprived of his...

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