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EVANS v. UNITED STATES

Civ. A. No. 74-1434.

386 F.Supp. 812 (1974)

Stephen Luther EVANS, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, E. D. Pennsylvania.

October 10, 1974.

Attorney(s) appearing for the Case

Barbara R. Muehleib, Philadelphia, Pa., for petitioner.

Robert S. Forster, Jr., Asst. U. S. Atty., Philadelphia, Pa., for respondent.

MEMORANDUM

HUYETT, District Judge.

This motion to vacate and resentence is brought under 28 U.S.C. § 2255 (1970) and Fed.R.Crim.P. 43.1 We grant the motion.

The case history here is long and involved, but the facts relevant to our inquiry are these. In 1963 petitioner pled guilty and was sentenced in Federal district court on five counts, one count under 18 U.S.C. § 371 (1970), a general conspiracy statute,...

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