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McALENEY v. UNITED STATES

No. 76-1184.

539 F.2d 282 (1976)

Edward J. McALENEY, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, First Circuit.

Decided August 13, 1976.

Attorney(s) appearing for the Case

William A. Brown, Asst. U. S. Atty., Chief, Civ. Div., Boston, Mass., with whom James N. Gabriel, U. S. Atty., Boston, Mass., was on brief for appellant.

Edward F. Harrington, Boston, Mass., with whom Gargan, Harrington, Markham & Wall, Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

The United States is appealing from a judgment of the district court allowing McAleney's motion under 28 U.S.C. § 2255 to vacate his guilty plea and the judgment of conviction and commitment that was thereafter entered upon the plea. McAleney alleged, and the court in substance found after hearing, that his plea was involuntarily made, having been induced by the representation of his attorney, Norman MacKay, that the Assistant...

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