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MONROE v. UNITED STATES

No. 71-3502.

463 F.2d 1032 (1972)

David MONROE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 10, 1972.

Attorney(s) appearing for the Case

H. Julian Proctor, Tallahassee, Fla. (Court Appointed), for petitioner-appellant.

William H. Stafford, Jr., U. S. Atty., Pensacola, Fla., Stewart J. Carrouth, Asst. U. S. Atty., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and GODBOLD and SIMPSON, Circuit Judges.

GODBOLD, Circuit Judge:

We agree with defendant-appellant that the district court erred in denying his 28 U.S.C. § 2255 motion to vacate. The motion raised the issue of whether the federal district court had failed to comply with provisions of Rule 11, Fed.R.Crim.P., in accepting defendant's plea of guilty to second degree murder pursuant to which he was given a 20-year sentence. Defendant, then a federal prison inmate, was indicted under 18 U.S.C. § 1111...

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