Dale Miller v. United States

The United States appeals from the grant of a petition for vacation of sentence issued by a District Judge in the United States District Court for the Northern District of Ohio, Eastern Division.

Appellee, Dale Miller, was indicted in 1967 for violating 26 U.S.C. § 4742(a) (1964) by selling 105 grams of marijuana. He was subsequently indicted for violating 26 U.S.C. § 4744 (1964) by possessing the same 105 grams. He then pled guilty to the latter offense, whereupon the selling offense was dismissed. He received a sentence of five years. Miller had previously been convicted of violating §…