Robert W. Fowler v. United States

Proceeding under 28 U.S.C.A. § 2255, appellant attacks the sentence entered on his plea of guilty to an indictment charging him with the unlawful purchase and sale of heroin. He had been previously convicted of the same offense after a jury trial. At his instance, we reversed and remanded for a new trial. Fowler v. United States, 5 Cir., 1962, 310 F.2d 66.

The original indictment was dismissed upon motion of the government in 1965 and a new indictment, charging appellant with the same offenses, was returned. He thereupon entered his plea of guilty to the charges.

The basis of the attack on the…