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LATHON v. UNITED STATES

No. 72-1603 Summary Calendar.

463 F.2d 777 (1972)

Archie Preston LATHON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 13, 1972.

Attorney(s) appearing for the Case

James F. Mulla, Jr., New Orleans, La. (court-appointed), for petitioner-appellant.

Gerald J. Gallinghouse, U. S. Atty., Mary Williams Cazalas, Patrick C. McGinity, Asst. U. S. Attys., New Orleans, La., Harry R. Hull, Jr., Asst. U. S. Atty., New Orleans, La., for the United States.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

PER CURIAM:

Archie Preston Lathon was charged in a two-count indictment with sale and possession of heroin. On December 8, 1970, he pled guilty to Count I of the indictment and received a five-year sentence. Count II of the indictment was dismissed. Subsequently, he filed this motion to vacate his sentence pursuant to 28 U.S.C. § 2255. He contended that his plea of guilty was not made freely and voluntarily and that he was coerced and induced by promises of probation...

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