UNITED STATES v. MARSHALL

No. 42743.

323 F.Supp. 593 (1971)

UNITED STATES of America, Plaintiff, v. Nicholas E. MARSHALL, Defendant.

United States District Court, N. D. California.

March 3, 1971.


Attorney(s) appearing for the Case

Asst. U. S. Atty., James L. Hazard, San Francisco, Cal., for plaintiff.

John T. Hansen, San Francisco, Cal., appointed by the court in the capacity of attorney-advisor, for defendant.


MEMORANDUM AND ORDER

PECKHAM, District Judge.

This matter comes before the Court under 28 U.S.C. § 2255 to set aside defendant's sentence entered upon his plea of guilty to the offense of refusing to submit to induction. 50 U.S.C.App. § 462. The basis for the motion is that the guilty plea was allegedly not a knowing and intelligent plea.

The background of the present proceeding is of some importance. At his arraignment, defendant indicated...

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