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YOTHERS v. UNITED STATES

No. 77-1813.

572 F.2d 1326 (1978)

Robert Michael YOTHERS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

March 30, 1978.

Attorney(s) appearing for the Case

James C. Dudley, of Cummings, Durkan & McCabe, Seattle, Wash., for appellant.

J. Ronald Sim, U. S. Atty., Seattle, Wash., for appellee.

Before ELY, TRASK and ANDERSON, Circuit Judges.

PER CURIAM:

Appellant Robert Michael Yothers appeals from the denial of his 28 U.S.C. § 2255 motion seeking to vacate a sentence previously imposed after a plea of guilty and to allow him to plead again. We vacate the conviction and remand so that Yothers may plead anew.

Yothers was convicted of participating in a conspiracy to import hashish, violations of 21 U.S.C. §§ 952, 963, after entering a plea of guilty. Appellant was arraigned on May...

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