Ben Holmes v. United States

SWYGERT, Circuit Judge.

Petitioner appeals from a denial of a motion filed pursuant to 28 U.S.G. § 2255.

In July, 1960, petitioner was charg'ed by indictment with sale and possession of narcotics in violation of the federal narcotics laws. On January 19, 1961, he was given permission by the district court to withdraw his plea of not guilty and substitute a guilty plea. At the time he was represented by counsel of his own choosing. The district judge examined petitioner about his understanding of the charges and the maximum sentence which could be imposed. Petitioner indicated he intended to…