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MARTIN v. UNITED STATES

No. 71 Civ. 4696.

339 F.Supp. 1187 (1972)

Jack William MARTIN, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S. D. New York.

March 20, 1972.

Attorney(s) appearing for the Case

Breed, Abbott & Morgan, New York City, Robert J. Bagdasarian, James D. Zirin, New York City, of counsel; Neal, Karzon & Harwell, Nashville, Tenn., James F. Neal, Gary D. Lander, Nashville, Tenn., of counsel, for petitioner.

Whitney North Seymour, Jr., U. S. Atty., for Southern District of New York, New York City, for respondent; Jay S. Horowitz, Asst. U. S. Atty., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

This is a motion pursuant to 28 U.S.C. section 2255, to vacate and set aside petitioner's conviction on January 12, 1966, upon his plea of guilty to a charge of violation of 26 U.S.C. section 4744(a). Petitioner originally was indicted for violation of 21 U.S.C. section 176a, which, upon conviction, would have mandated a minimum sentence of five years. He subsequently pled guilty to a superseding information under...

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