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BURROUGHS v. UNITED STATES

No. 72-3665.

515 F.2d 824 (1975)

Robert G. BURROUGHS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 11, 1975.

Attorney(s) appearing for the Case

Richard G. Morales, Jr., Laredo, Tex. (Court appointed), for petitioner-appellant.

Edward McDonough, Jr., U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., for respondent-appellee.

Before GOLDBERG, CLARK and GEE, Circuit Judges.

CLARK, Circuit Judge:

In June, 1972, Robert G. Burroughs commenced the present action with a motion under 28 U.S.C. § 2255 to vacate the sentence imposed upon him in April 1971 on his plea of guilty to bringing 1½ pounds of marijuana into the United States in violation of the then applicable Marijuana Tax Act. 26 U.S.C. § 4744(a)(2).1 Relying principally upon McCarthy v. United States, 394 U.S. 459

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