BYE v. UNITED STATES

No. 832, Docket 34375.

435 F.2d 177 (1970)

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

United States Court of Appeals, Second Circuit.

Decided October 14, 1970.


Attorney(s) appearing for the Case

Guy Miller Struve, New York City, for petitioner-appellant.

Elliot G. Sagor, Asst. U. S. Atty., (Whitney North Seymour, Jr., U. S. Atty. for the Southern District of N. Y., Maurice M. McDermott, Asst. U. S. Atty. on the brief), for respondent-appellee.

Before SMITH and HAYS, Circuit Judges, and TENNEY, District Judge.


J. JOSEPH SMITH, Circuit Judge:

This appeal raises the question whether a person accused of a narcotics offense who pleads guilty to that offense, without knowledge that he will be ineligible for parole from the sentence he receives, enters his guilty plea voluntarily with an understanding of the consequences of the plea. We conclude that he does not.

Appellant Bye, along with a co-defendant, was indicted in 1966 on two counts under the narcotics laws, 21...

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