United States v. John Brett Allen

OPINION OF THE COURT

SEITZ, Chief Judge.

The government appeals from the district court’s grant of a new trial pursuant to Allen’s motion for collateral relief under 28 U.S.C. § 2255 (1976) from his conviction for conspiring to possess marijuana with the intent to distribute it in violation of 21 U.S.C. § 841(a)(1) (1976). 1

I. Factual Background

The facts in this case revolve around a telephone answering service, a Ryder rent-a-truck, and the Dusselfink Motel in Potts-ville, Pennsylvania. On December 15, 1975, a person using the name “Thomas J. Meador” rented a truck from Ryder in Colorado. The…