UNITED STATES v. REX

No. 72-1351.

465 F.2d 875 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. J. C. REX et al., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

August 21, 1972.


Attorney(s) appearing for the Case

Neil H. Fink, Detroit, Mich., for defendant-appellant; S. Allen Early, Jr., of Liberson, Fink, Feiler, Crystal, Burdick & Schwartz, Detroit, Mich., on brief.

Wm. C. Ibershof, Asst. U. S. Atty., Detroit, Mich., for plaintiff-appellee; Ralph B. Guy, Jr., U. S. Atty., Detroit, Mich., on brief.

Before WEICK, MILLER and TUTTLE, Circuit Judges.


TUTTLE, Circuit Judge.

The question here is whether the appellant, Rex, is entitled to have judgment and sentence set aside on the ground that when he entered his plea of guilty to one of four charges he was not expressly informed by the trial court that he would be ineligible for parole from the sentence that was meted out to him. The count of indictment to which he pleaded guilty involved a violation of 21 U.S.C.A. § 174, to wit: illegal possession of heroin...

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