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ROSADO v. UNITED STATES

No. 74-3043 Summary Calendar.

510 F.2d 1098 (1975)

Antonio P. ROSADO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 4, 1975.

Attorney(s) appearing for the Case

Bill F. Payne, Boise, Idaho (Court appointed), for petitioner-appellant.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., for respondent-appellee.

Before THORNBERRY, MORGAN and RONEY, Circuit Judges.

PER CURIAM:

In a nonjury trial, a district court convicted Rosado of failure to pay the marihuana transfer tax, in violation of former 26 U.S.C. § 4744(a)(2), Acts Aug. 16, 1954, ch. 736, 68A, Stat. 562. Rosado now moves under 28 U.S.C. § 2255 to vacate his conviction and sentence for two reasons: (1) an unkept plea bargain rendered his guilty plea involuntary, and (2) his attorney's conflict of interest denied him effective assistance of counsel. We hold...

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