FINCH v. VAUGHN

No. 94-8597.

67 F.3d 909 (1995)

Charlie FINCH, Petitioner-Appellant, v. James H. VAUGHN, Warden, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 31, 1995.


Attorney(s) appearing for the Case

James C. Bonner, Jr., Athens, GA, for appellant.

Mary Beth Westmoreland, Asst. Atty. Gen., Atlanta, GA, for appellee.

Before TJOFLAT, Chief Judge, BIRCH, Circuit Judge, and HENDERSON, Senior Circuit Judge.


BIRCH, Circuit Judge:

In this habeas corpus case, we determine whether a guilty plea was knowing, intelligent, and voluntary and resulted from ineffective assistance of counsel under the Fifth, Sixth and Fourteenth Amendments, when the petitioner pled guilty to state narcotics charges with the understanding that his state sentence would be concurrent with his federal sentence. The district court denied habeas relief. We REVERSE and REMAND.

I. BACKGROUND<...

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