In what circumstances will the trial judge overturn a drug dealer's drug conviction?

The trial judge did not have the benefit of Rodriquez v. United States, 395 U.S. 327, 89 S.Ct. 1715, 23 L.Ed. 2d 340 (June 2, 1969), when denying appellant's petition in the heroin case. We return the cause to him for a hearing in the light of that decision.

On the Government's appeal, the cause is remanded to the trial court with instructions to set aside its order and grant hearings to determine if guilty pleas were voluntarily made with full understanding of the nature of the charges and the consequences of the pleas. In setting aside the convictions, the trial judge relied on Heiden v. United States, 353 F.2d 53 (9th Cir. 1965). He did not have the advantage of Castro v. United States, 396 F.2d 345 (9th Cir. 1968), expressly limiting the effect of Heiden, to cases in which pleas of guilty were received prior to November 2, 1965. Here, the pleas were received on April 14, 1965.