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MACK v. UNITED STATES

No. 80-1073.

635 F.2d 20 (1980)

Harold Omar MACK, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, First Circuit.

Decided December 3, 1980.

Attorney(s) appearing for the Case

Jan L. Nielsen, Yale University Law Student, with whom Dennis E. Curtis, New Haven, Conn., Renee D. Chotiner, Boston, Mass., Stephen Wizner, Alice Bussiere, New Haven, Conn., and Fredric Goldstein, Yale University Law Student, were on brief, for appellant.

Anna R. Tretter, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, WYZANSKI, Senior District Judge.

BOWNES, Circuit Judge.

Defendant-appellant Harold Omar Mack appeals the denial by the district court of a motion to vacate sentence, pursuant to 28 U.S.C. § 2255. The issues are whether the district court failed to comply with Fed.R.Crim.P. 11, and whether it erred in dismissing the motion to vacate sentence without ordering the United States Attorney to file an answer, pursuant to Rule 4(b) of the Rules Governing § 2255 Proceedings.

We reverse the...

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