United States v. Witherspoon

CHESNUT, District Judge.

The defendant in this case on February 12, 1958 has filed a petition to vacate, under title 28, U.S.C.A. § 2255, the sentence imposed upon him on April 21, 1950 by the then Chief Judge William C. Coleman, who resigned in 1955 after 28 years of active judicial service in this court.

After a plea of guilty the sentence was imposed by Judge Coleman for imprisonment for four and one-half years on an indictment charging violation of the Harrison Narcotics Act, 26 U.S.C.A. §§ 2550 et seq., 3220 et seq. After the plea was filed, the record shows that Judge Coleman held an…