UNITED STATES v. BATTLE

No. 71-1344. Summary Calendar.

467 F.2d 569 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Gustavo BATTLE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 21, 1972.


Attorney(s) appearing for the Case

Prebish & Masin, Michael A. Masin, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., George A. Kokus, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.


JOHN R. BROWN, Chief Judge:

It is exceedingly rare that the same direct appeal from a criminal conviction is twice before the Court, but this is such a case. On direct appeal from a conviction based on a guilty plea appellant charged that the conviction was invalid because the plea was induced by certain "misrepresentations" of the Government. We remanded for full development of the facts. A supplemental evidentiary hearing was held and the District Court has filed...

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