HOWARD v. UNITED STATES

No. 77-2461.

580 F.2d 716 (1978)

Robert M. HOWARD, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

As Amended September 22, 1978.


Attorney(s) appearing for the Case

Stephen M. Orr, Austin, Tex., for petitioner-appellant.

Jamie C. Boyd, U. S. Atty., LeRoy Morgan Jahn, Asst. U. S. Atty., San Antonio, Tex., Frank B. Walker, Asst. U. S. Atty., El Paso, Tex., W. Ray Jahn, Asst. U. S. Atty., San Antonio, Tex., for respondent-appellee.

Before COLEMAN, GEE, and RUBIN, Circuit Judges.


COLEMAN, Circuit Judge.

The appellant, no longer in prison, attempts to overturn a guilty plea by which he succeeded in erasing several counts of an indictment, 28 U.S.C. § 2255. The District Court rejected the effort and we affirm.

I

On March 8, 1973, in a multi-count indictment, appellant was charged with the offense of conspiracy to possess and import marijuana in violation of 21 U.S.C. §§...

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