MYRICK v. UNITED STATES

No. 539-70.

442 F.2d 1008 (1971)

Harold Dee MYRICK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

May 21, 1971.


Attorney(s) appearing for the Case

M. Joan Clifford, Boulder, Colo., for appellant.

William R. Burkett, U. S. Atty., and Floy E. Dawson, Asst. U. S. Atty., Oklahoma City, Okla., for appellee.

Before LEWIS, Chief Judge, and SETH and COFFIN, Circuit Judges.


COFFIN, Circuit Judge.

Petitioner was indicted for having purchased, sold, dispensed, and distributed tablets of codeine in violation of 26 U.S.C. § 4704(a). On June 27, 1966 he pleaded guilty. On June 30, 1966 he was sentenced to a five-year term, to be served consecutively to a recently imposed seven-year state sentence. Three years later, petitioner filed a motion to vacate sentence and/or to withdraw his guilty plea as not having been understandingly made...

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