Jess Frank Brown v. United States
This text of 368 F.2d 573 (Jess Frank Brown v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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368 F.2d 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jess-frank-brown-v-united-states-ca5-1966.