BYE v. UNITED STATES

No. 69 Civ. 3440.

309 F.Supp. 202 (1969)

Robert BYE v. UNITED STATES of America.

United States District Court, S. D. New York.

October 10, 1969.


Attorney(s) appearing for the Case

Robert Bye, pro se.

Robert M. Morgenthau, U. S. Atty. Southern District of New York, New York City, for the United States; Sterling Johnson, Jr., Asst. U. S. Atty., of counsel.


COOPER, District Judge.

Petitioner moves for an order, pursuant to 28 U.S.C. § 2255, vacating the sentence and judgment based on his plea of guilty, entered November 29, 1966, to a two count indictment charging him with violation of the Federal narcotics law.

Petitioner alleges that at the time he pleaded guilty, he was ignorant of the fact that he would be ineligible for parole, and thus did not have the requisite understanding of either the consequences...

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