No. 72-1702.

485 F.2d 240 (1973)

Marvin Spencer JOHNSON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 19, 1973.

Attorney(s) appearing for the Case

Gregory H. Fess, Littleton, Colo. (Jay L. Gueck, Denver, Colo., on the brief), for plaintiff-appellant.

Richard A. Stacy, Asst. U. S. Atty., D. Wyo. (Richard V. Thomas, U. S. Atty. and Tosh Suyematsu, Asst. U. S. Atty., D. Wyo., on the brief), for defendant-appellee.

Before HILL, JONES and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

Appellant filed a motion in the district court pursuant to 28 U.S.C. § 2255 seeking an order to vacate or reduce sentence. The requested relief was denied, and this is an appeal from that judgment.

The contentions here are first, that the district court was guilty of an abuse of discretion in refusing to allow the appellant to withdraw his plea of guilty; secondly, that the appellant was inadequately represented by counsel...

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