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UNITED STATES v. FULLER

No. 84-1850 Summary Calendar.

769 F.2d 1095 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Herbert FULLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 3, 1985.

Attorney(s) appearing for the Case

Charles Herbert Fuller, pro se.

Thomas S. Leatherbury, court appointed, Dallas, Tex., for defendant-appellant.

James A. Rolfe, U.S. Atty., J. Michael Worley, Asst. U.S. Atty., Fort Worth, Tex., for plaintiff-appellee.

Before RUBIN, JOHNSON, and JONES, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

A defendant in a criminal case pleaded guilty, he contends, because of his lawyer's advice that the maximum sentence was fifteen years when in fact the maximum sentence was only five years. The defendant feared that, if he proceeded to trial and were convicted, he would receive the maximum sentence. He now seeks relief under 28 U.S.C. § 2255 contending that this misinformation invalidates his plea, that his lawyer was ineffective...

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