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CALDWELL v. UNITED STATES

No. 174-70.

435 F.2d 1079 (1970)

Dick Alexander CALDWELL, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

December 16, 1970.

Attorney(s) appearing for the Case

Robert J. Nordhaus, Albuquerque, N. M. (James F. Beckley, Albuquerque, N. M., was on the brief), for petitioner-appellant.

Ruth C. Streeter, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., and John A. Babington, Asst. U. S. Atty., were on the brief), for respondent-appellee.

Before BREITENSTEIN, HILL and HOLLOWAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Pursuant to 28 U.S.C. § 2255 appellant Caldwell moved to set aside his conviction on a plea of guilty to a 1967 charge under the Dyer Act, 18 U.S.C. § 2312. He alleged that he was not advised of and did not understand the six-year period of supervision possible under the Youth Corrections Act under which he was sentenced; that his sentence was unlawful due to the five-year limitation of sentence under the Dyer Act; and that his representation...

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