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JACOBS v. UNITED STATES

No. 9765.

350 F.2d 571 (1965)

John Buck JACOBS, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 26, 1965.

Attorney(s) appearing for the Case

Oliver W. Alphin, Durham, N. C. (Court-assigned counsel), for appellant.

William H. Murdock, U. S. Atty. (H. Marshall Simpson, Asst. U. S. Atty., on brief), for appellee.

Before SOBELOFF and BOREMAN, Circuit Judges, and BUTZNER, District Judge.

SOBELOFF, Circuit Judge:

Under the advice of his lawyer, supported by the strong urging of an elder brother, John Buck Jacobs, Jr., after some initial hesitation, pleaded guilty to one of four counts of an indictment for violating the Internal Revenue laws relating to distilled spirits. He was sentenced to serve a term of forty months. Some weeks after his arrival at the Atlanta Penitentiary, he filed a petition under Title 28, section 2255. After alluding to the...

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