David L. Mack v. William French Smith, United States Attorney General

This is an appeal in forma pauperis from the district court’s denial of a motion under 28 U.S.C. § 2255 to have appellant’s conviction and sentence vacated. For the reasons stated below, we remand the case to the district court for an evidentiary hearing on the effectiveness of appellant’s representation by his former counsel.

The appellant, David L. Mack, was convicted under 21 U.S.C. §§ 841(a)(1) and 846 of conspiracy to distribute and distribution of methamphetamine. On December 30, 1975, Mack was sentenced to a term of five years on both counts, the sentences to run concurrently, with a…