MITCHELL v. UNITED STATES

No. PCA 2553.

350 F.Supp. 366 (1972)

William A. MITCHELL, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, N. D. Florida, Pensacola Division.

November 7, 1972.


Attorney(s) appearing for the Case

Paul L. Cummings, Pensacola, Fla., for petitioner.

William H. Stafford, U. S. Atty., Pensacola, Fla., for respondent.


MEMORANDUM DECISION

ARNOW, Chief Judge.

This proceeding came before the court on a motion to vacate and set aside sentence under 28 U.S.C. § 2255. An evidentiary hearing was held at which the petitioner, represented by court-appointed counsel, was present and testified.

Petitioner contends that the sentence he received in this court on June 14, 1971 was enhanced by three prior convictions obtained when he was not represented by counsel. He relies...

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