United States v. Russell Leon Jones

The order, 305 F.Supp. 465 , denying relief under 28 U.S.C. § 2255 is vacated. The district court is directed to vacate the judgment and set the guilty plea aside and take such other proceedings as may be appropriate.

This is required by the action of this court in United States v. Weber, Case No. 25,107, on July 28, 1971, and in Castro v. United States, Case No. 25,197, on August 12, 1971, after both cases were remanded to this court following the granting of certiorari by the Supreme Court.

Of course, these cases were not available to the district court at the time of its decision.

The orders in our Weber and Castro cases follow as an appendix.

APPENDIX

United States Court of Appeals Ninth Circuit

United States of America, Appellee, vs. Roger D. Weber, Appellant.

No. 25,107

Appeal from the United States District Court District of Arizona

ORDER

Before: CHAMBERS, CARTER and KILKENNY, Circuit Judges.

The United States Supreme Court, on a writ of certiorari, vacated our opinion and remanded the cause to us for reconsideration in the light of Leary v. United States, 395 U.S. 6 , 89 S.Ct. 1532 , 23 L.Ed.2d 57 (1969) and United States v. United States Coin and Currency, 401…