MOORE v. UNITED STATES

No. 77-1986.

592 F.2d 753 (1979)

James R. MOORE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 20, 1979.


Attorney(s) appearing for the Case

Ralph S. Spritzer, Philadelphia, Pa., for appellant.

Elizabeth H. Trimble, Asst. U. S. Atty. (Russell T. Baker, Jr., U. S. Atty., Baltimore, Md., on brief), for appellee.

Before BUTZNER and RUSSELL, Circuit Judges, and FIELD, Senior Circuit Judge.


BUTZNER, Circuit Judge:

James R. Moore appeals from the district court's dismissal of his petition to set aside his guilty plea and his sentence. We remand with instructions to reduce the sentence or set aside the plea.

Moore entered into a bargain to plead guilty to one count of a two-count indictment charging violations of the narcotics laws, in return for the government's promise to drop the other count of the indictment and to recommend a 12-year prison...

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