David Richard Caille v. United States

David Richard Caille appeals from an order of the district court, denying his motion attacking his sentence, filed pursuant to 28 U.S.C.A. § 2255. 1 We vacate the judgment below and remand the cause for further proceedings.

Appellant, represented by counsel, was convicted upon his plea of guilty of possessing, with intent to distribute, approximately two pounds of marihuana in violation of 21 U.S.C.A. § 841(a) (1). He was sentenced on December 6, 1972, to a prison term of three years and fined $3000.00. There was no direct appeal.

Thereafter, the appellant petitioned the court below for a…