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SCHWORAK v. UNITED STATES

No. 410, Docket 34059.

419 F.2d 1313 (1970)

Edward Peter SCHWORAK, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals Second Circuit.

Decided January 2, 1970.

Attorney(s) appearing for the Case

Richard A. Silver, Bridgeport, Conn., for appellee.

J. Daniel Sagarin, Asst. U. S. Atty., Stewart H. Jones, U. S. Atty., for appellant.

Before WATERMAN, HAYS and FEINBERG, Circuit Judges.

PER CURIAM:

The Government appeals from an order entered July 30, 1969 vacating appellee's March 21, 1967 voluntary plea of guilty when appellee was represented by retained counsel. The same district judge that accepted the plea heard and granted appellee's motion pursuant to 28 U.S.C. § 2255 to vacate that plea and to set aside the conviction based thereon.

The present Rule 11, Fed.R.Crim.P., was in effect on March 21, 1967.1

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