Robert Michael Yothers v. United States

Appellant Robert Michael Yothers appeals from the denial of his 28 U.S.C. § 2255 motion seeking to vacate a sentence previously imposed after a plea of guilty and to allow him to plead again. We vacate the conviction and remand so that Yothers may plead anew.

Yothers was convicted of participating in a conspiracy to import hashish, violations of 21 U.S.C. §§ 952 , 963, after entering a plea of guilty. Appellant was arraigned on May 23,1975, at which time he entered his guilty plea. This plea of guilty was entered by Yothers in return for a representation by the Government that it would not prosecute him on various other related charges. After conviction based on the guilty plea, Yothers was sentenced on June 24, 1975, to five years imprisonment and a special parole term of two years pursuant to 21 U.S.C. § 960 (b)(2). On December 30, 1976, Yothers moved the District Court to vacate the sentence and conviction in order to allow him to replead, alleging that his original guilty plea was improperly entered be cause of the court’s failure adequately to explain the nature and consequences of the special parole term. The District Court, after receiving the report and recommendation of…