Jess Frank Brown v. United States

368 F.2d 573

Opinion

PER CURIAM:

The appellant filed a motion under 28 U.S.C.A. § 2255 seeking relief from a conviction and sentence imposed after a plea of guilty to a violation of the Dyer Act. 18 U.S.C.A. § 2312. The question here seems to be the same as that which was presented by Marvel v. United States, 380 U.S. 262, 85 S.Ct. 953, 13 L.Ed.2d 960. Following the precedent of that decision, the judgment of the district court is vacated and the cause remanded for a hearing as to whether the appellant was misled by the trial judge as to the maximum sentence.

Vacated and remanded.