Taliaferro

ORDER DENYING RELIEF AND DISMISSING ACTION

Petitioner brings this action pursuant to 28 U.S.C. § 2255 to vacate a sentence imposed upon him on September 12, 1969. On May 5th of that year he pled guilty to one count of a two count indictment. The indictment charged uttering counterfeit currency ( 18 U.S.C. § *409 472 ) in one count and possession of such currency ( 18 U.S.C. § 472 ) in another. The petitioner pled guilty to the second count, the first count was dismissed on request of the government on June 2, 1969 after the plea when petitioner was given a 90-day continuance of judgment and sentence.

Petitioner presents several intertwined arguments in support of the contention that his plea of guilty was involuntary. He contends that he was under the influence of heroin and LSD at the time of the entry of his plea. He also contends that his addiction impelled him to take any course that promised even a brief opportunity to remain out of custody and attempt a self-cure of the drug habit. The third contention is that his counsel’s suggestion that a 90-day stay of judgment would be granted for a probation study became the straw at which he grasped. Petitioner also contends that he…