BARBER v. UNITED STATES

No. 620-69.

427 F.2d 70 (1970)

Robert BARBER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

June 9, 1970.


Attorney(s) appearing for the Case

L. Richard Freese, Jr., Denver, Colo., for appellant.

John O. Sparks, Asst. U. S. Atty. (William R. Burkett, U. S. Atty., on the brief), for appellee.

Before PHILLIPS, BREITENSTEIN and HILL, Circuit Judges.


PER CURIAM.

Petitioner-appellant seeks relief under 28 U.S.C. § 2255 from the 1959 sentence imposed after his guilty plea to various narcotic offenses. He alleges that the plea was accepted without satisfaction of the requirements of Rule 11, F.R.Crim.P. The district court denied relief without an evidentiary hearing. In so doing it relied on the transcript of the arraignment proceedings.

In 1959, Rule 11 required...

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