Jose Manuel Franchi v. United States

This is an appeal from the denial of a motion to vacate, 28 U.S.C. § 2255, the federal sentence of appellant Jose Manuel Franchi. We vacate the ruling below and remand the cause for further proceedings.

In 1964 appellant was convicted of violating the federal marijuana laws, 26 U.S.C. § 4744(a). He served a two year sentence. In 1969 he was convicted of the sale, etc. of cocaine, which is prohibited by 26 U.S.C. § 4705(a) and was sentenced to ten years. Two years later appellant’s 1964 conviction was vacated by this Court, Franchi-Alfaro Negrin v. United States, 5th Cir. 1971, 445 F.2d 320.…