U.S. v. MUTH

No. CR 92-18-MA.

896 F.Supp. 196 (1995)

UNITED STATES of America, Plaintiff, v. Douglas Andrew MUTH, Defendant.

United States District Court, D. Oregon.

July 27, 1995.


Attorney(s) appearing for the Case

Kristine Olson, U.S. Atty., Dist. of Or., Leslie K. Baker, Leslie J. Westphal, Asst. U.S. Attys., Portland, OR, for plaintiff.

Michael R. Levine, Asst. Federal Public Defender, Portland, OR, for defendant.


ORDER

MARSH, District Judge.

On January 23, 1992, a grand jury indicted defendant on one count of manufacturing marijuana, in violation of 21 U.S.C. § 841(a)(1). He entered a plea of guilty as charged on April 6, 1992 and was sentenced to 63 months on October 5, 1992. Defendant moves to vacate his conviction and sentence pursuant to 28 U.S.C. § 2255, on the grounds that his criminal conviction was barred by the Double Jeopardy Clause of the Fifth...

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