United States v. James Sam Marr

BRORBY, Circuit Judge.

James Sam Marr was convicted after jury trial in federal court for conspiracy to distribute drugs in violation of 21 U.S.C. § 846. On direct appeal, this court affirmed his conviction, sub nom. United States v. Killip, 819 F.2d 1542 (10th Cir.), cert. denied, — U.S. —, 108 S.Ct. 186, 98 L.Ed.2d 139 (1987). Marr then moved to vacate his conviction and sentence pursuant to 28 U.S.C. § 2255, alleging ineffective assistance of counsel. The district court summarily denied Marr’s motion and he appeals. We VACATE and REMAND for further proceedings.

Marr filed his § 2255 motion…