Legal Opinion
Harold Omar Mack v. United States
Court of Appeals for the First Circuit
Decided December 3, 1980No. 80-1073PublishedCited by 84 opinions
1Opinion of the Court
BOWNES, Circuit Judge.
Defendant-appellant Harold Omar Mack appeals the denial by the district court of a motion to vacate sentence, pursuant to 28 U.S.C. § 2255. The issues are whether the district court failed to comply with Fed.R. Crim.P. 11, and whether it erred in dismissing the motion to vacate sentence without ordering the United States Attorney to file an answer, pursuant to Rule 4(b) of the Rules Governing § 2255 Proceedings.
We reverse the decision of the district court and remand for a hearing at which the defendant shall be afforded the opportunity to plead anew.
I
Defendant was…
2Cases cited19 opinions
- McCarthy v. United StatesSupreme Court of the United States · 1969
- United States v. TimmreckSupreme Court of the United States · 1979
- United States v. Winston Eugene DaytonCourt of Appeals for the Fifth Circuit · 1979
- United States v. Joseph J. C. Dicarlo and Ronald C. MacKenzieCourt of Appeals for the First Circuit · 1978
- United States v. Howard E. SaftCourt of Appeals for the Second Circuit · 1977
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3Cited by84 opinions
- United States v. McGillCourt of Appeals for the First Circuit · 1993
- David v. United StatesCourt of Appeals for the First Circuit · 1998
- Owens v. United StatesCourt of Appeals for the First Circuit · 2007
- Ellis v. United StatesCourt of Appeals for the First Circuit · 2002
- United States v. Milton L. KobroskyCourt of Appeals for the First Circuit · 1983
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