MILLER v. UNITED STATES

No. C 69-666.

311 F.Supp. 705 (1970)

Dale MILLER, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, N. D. Ohio, E. D.

April 13, 1970.


Attorney(s) appearing for the Case

Gordon Friedman, Cleveland, Ohio, for petitioner.

Edward S. Molnar, Asst. U. S. Atty., Cleveland, Ohio, for the United States.


MEMORANDUM OPINION

BATTISTI, Chief Judge.

On March 9, 1970, this Court granted petitioner's motion pursuant to 28 U.S.C., § 2255 to vacate his conviction and sentence under 26 U.S.C., § 4744(a), the Marijuana Tax Act, and to withdraw his plea of guilty, and ordered him released from federal custody. Herein are the findings of fact and conclusions of law upon which the Court determined to grant said relief.

Petitioner, Dale Miller, was arrested...

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