United States v. Jackie Lee Green

SEYMOUR, Circuit Judge.

Jackie Lee Green appeals from the district court’s denial of his motion under 28 U.S.C. § 2255 (1982) for a writ of habeas corpus, and from the court’s denial of his motion to withdraw his guilty plea. We conclude that the indictment in this case fails to state a violation of federal law. Accordingly, we reverse.

The pertinent facts are briefly as follows. In April 1984, following his conviction and incarceration for a federal offense, Green was released on parole under federal supervision in Tulsa, Oklahoma. In March 1985, Green was stopped in Texas for speeding. The…