HEANEY, Circuit Judge.
Appellant, Cecil Bailey Heath, with the advice of counsel and after a careful explanation of the charge by District Court Judge Oren Harris, entered a plea of guilty on May 23, 1966, to a charge of transmitting obscene material through the mails in violation of 18 U.S.C. § 1461. A three-year sentence was imposed by the court.
On June 20, 1966, the appellant, relying solely upon Redmond v. United States,
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