JACKSON v. UNITED STATES

No. 74-4073 Summary Calendar.

512 F.2d 772 (1975)

Charles Lester JACKSON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 16, 1975.


Attorney(s) appearing for the Case

Richard T. Simmons, Jr., Asst. Federal Public Defender, New Orleans, La., for petitioner-appellant.

Gerald J. Gallinghouse, U. S. Atty., Mary W. Cazalas, Asst. U. S. Atty., New Orleans, La., for respondent-appellee.

Before COLEMAN, AINSWORTH and SIMPSON, Circuit Judges.


PER CURIAM:

Appellant, represented by court-appointed counsel, was convicted on his plea of guilty of distribution of heroin, a violation of 21 U.S.C. § 841(a)(1). He was sentenced on September 20, 1972 to five years imprisonment and a three year special parole term.

In his § 2255 motion appellant alleged that the arraigning magistrate and the trial judge were aware that he was undergoing withdrawal from heroin addiction and therefore, he was incompetent...

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