Marcum v. United States

CHRISTIE, Chief Judge:

Petitioner, Ersel Owen Marcum, a federal prisoner presently serving a three year sentence imposed by this court, moves the court, under the provisions of Section 2255, Title 28, United States Code, to vacate and set aside that judgment and sentence, on the sole ground that the prior state conviction which was relied upon as furnishing the necessary underpinning for the federal offense was obtained in violation of petitioner’s constitutional right to assistance of counsel, as provided for by the Sixth Amendment to the Constitution of the United States.

STATEMENT OF FACTS

The…