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UNITED STATES v. CLARK

No. CR-75-32.

429 F.Supp. 89 (1976)

UNITED STATES of America, Plaintiff, v. Herman Tracy CLARK, Defendant.

United States District Court, W. D. Oklahoma.

July 28, 1976.

Attorney(s) appearing for the Case

William R. Burkett, U. S. Atty., by O. B. Johnston, III, Asst. U. S. Atty., Oklahoma City, Okl., for plaintiff.

David T. Cook, Oklahoma City, Okl., for defendant.

ORDER

DAUGHERTY, Chief Judge.

Pursuant to Rule 32(d), Federal Rules of Criminal Procedure the defendant, Herman Tracy Clark, has filed a Motion to Withdraw his plea of Nolo Contendere. In support thereof he alleges that:

"a) was coerced by counsel thru: misinformation as to length of sentence; erroneous advice as to the basis & necessity of the plea; and, by the threat of death penalty facing him in State Court proceedings. b) counsel...

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