Robert William Smith v. United States, 338 F.2d 996 (6th Cir. 1964). · Go Syfert
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Robert William Smith v. United States, 338 F.2d 996 (6th Cir. 1964). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see" Arlie C. Bush v. United States
6th Cir. · 1965 · signal: see · confidence high
See Smith v. United States, 338 F.2d 996 ; United States v. Lamar, 337 F.2d 349 ; Cochran v. United States, 336 F.2d 799 ; and United States v. Dickerson, 337 F.2d 343 .
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Robert William SMITH, Plaintiff-Appellant,
v.
UNITED STATES of America, Defendant-Appellee
15730.
Court of Appeals for the Sixth Circuit.
Nov 17, 1964.
338 F.2d 996
John A. Bechtold (Court Appointed), Cincinnati, Ohio, for appellant., Boyce F. Martin, Jr., Louisville, Ky., William E. Scent, U. S. Atty., John E. Stout, Asst. U. S. Atty., Louisville, Ky., on brief, for appellee.
Weick, Edwards, Gray.
Cited by 2 opinions  |  Published
PER CURIAM.

Plaintiff-appellant had pled guilty to five counts of an indictment alleging sale and possession of marihuana and was sentenced to concurrent terms which produced a sentence of five years.

More than a year after sentence, plaintiff filed a motion to withdraw his plea of guilty to a “void indictment.” The District Judge construed this as a motion to vacate sentence under Title 28, U.S.C. § 2255 filed on the ground that the two sale counts of the indictment were constitutionally defective in that they did not name the purchaser of the drugs.

The District Judge denied the motion, holding that “examination of the indictment reveals that it clearly charges the offense for which the petitioner was convicted.”

Affirmed. United States v. Harry Lee Dickerson, 337 F.2d 343 (C.A.6, 1964).