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MANLEY v. UNITED STATES

No. 25304.

396 F.2d 699 (1968)

Baird Everett MANLEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 25, 1968.

Attorney(s) appearing for the Case

Alvin J. Bronstein, Jackson. Miss., Charles Morgan, Jr., M. Laughlin McDonald, Atlanta, Ga., for appellant.

Robert E. Hauberg, U. S. Atty., E. Donald Strange, Asst. U. S. Atty., Jackson, Miss., for appellee.

Before TUTTLE and DYER, Circuit Judges, and MEHRTENS, District Judge.

DYER, Circuit Judge:

The appellant waived indictment and pled guilty to the sale of narcotics in violation of 26 U.S.C.A. § 4704(a). He appeals from the denial, after a hearing, of a § 2255 motion to vacate sentence. We reverse.

Appellant has a thirty year history of addiction and violations. He was arraigned after a two week confinement without drugs. Following a pre-plea request to see a doctor and the...

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