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MUNICH v. UNITED STATES

No. 19991.

363 F.2d 859 (1966)

Anthony Joseph MUNICH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

July 26, 1966.

Attorney(s) appearing for the Case

S. Carter McMorris, Sacramento, Cal., for appellant.

Cecil F. Poole, U. S. Atty., Jerrold M. Ladar, Asst. U. S. Atty., Rothwell B. Mason, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before CHAMBERS, Circuit Judge, MADDEN, Judge of the United States Court of Claims, and HAMLEY, Circuit Judge.

CHAMBERS, Circuit Judge:

Two years ago this court, on an appeal after a 28 U.S.C. § 2255 hearing, directed that Munich's prior plea of guilty to a narcotics charge, the judgment and the sentence all be vacated for the reason that the court did not believe the government had sustained its burden of proof that the plea was voluntarily made with the understanding of the mandatory sentence consequences in a case such as Munich's. Munich v. United States, 9 Cir.,...

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