TOLLIVER v. UNITED STATES

No. 76-1895.

563 F.2d 1117 (1977)

Dwight W. TOLLIVER, Appellant, v. The UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 11, 1977.


Attorney(s) appearing for the Case

Mark W. Foster, Washington, D. C. (Moore & Foster, Washington, D. C., on brief), for appellant.

Elsie L. Munsell, Asst. U. S. Atty., Alexandria, Va. (William B. Cummings, U. S. Atty., Alexandria, Va., on brief), for appellee.

Before WINTER and BUTZNER, Circuit Judges.


WINTER, Circuit Judge:

By a motion under 28 U.S.C. § 2255, Dwight W. Tolliver sought to vacate his sentence of two years' imprisonment plus a special parole term of two years imposed upon his plea of guilty to a charge of conspiracy to manufacture phencyclidine, a controlled substance, in violation of 21 U.S.C. §§ 846, 841. He attacked the voluntariness of his plea on the ground that he had been denied effective assistance of counsel in tendering it...

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