MARCUM v. UNITED STATES

Civ. A. No. 3056.

350 F.Supp. 1115 (1972)

Ersel Owen MARCUM, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S. D. West Virginia, Huntington Division.

November 22, 1972.


Attorney(s) appearing for the Case

Ersel Owen Marcum, pro se.

John A. Field, III, U. S. Atty., Robert B. King, Asst. U. S. Atty., Charleston, W. Va., for respondent.


CHRISTIE, Chief Judge:

Petitioner, Ersel Owen Marcum, a federal prisoner presently serving a three year sentence imposed by this court, moves the court, under the provisions of Section 2255, Title 28, United States Code, to vacate and set aside that judgment and sentence, on the sole ground that the prior state conviction which was relied upon as furnishing the necessary underpinning for the federal offense was obtained in violation of petitioner's constitutional...

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