SMITH v. UNITED STATES

Civ. A. No. 5994.

319 F.Supp. 1359 (1970)

William J. SMITH, Jr. v. UNITED STATES of America.

United States District Court, D. Vermont.

December 3, 1970.


Attorney(s) appearing for the Case

William J. Smith, Jr., pro se.

Robert H. Erdmann, Burlington, Vt., for petitioner.

David A. Gibson, Asst. U. S. Atty., and Norman Cohen, Asst. U. S. Atty., Rutland, Vt., for the Government.


OPINION AND ORDER

LEDDY, Chief Judge.

I. FACTS.

Petitioner William J. Smith, Jr. moves this Court pursuant to 28 U.S.C.A. § 2255 to vacate his sentence and conviction. Petitioner alleges that a plea of guilty was accepted by the late Honorable Ernest W. Gibson in violation of revised Rule 11 of the Federal Rules of Criminal Procedure and that his plea of guilty was not voluntary nor made with understanding of the nature of the...

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