(concurring).
While I join in remanding this case for a hearing on the motion to vacate sentence, I wish to make it plain that our decision here will, in my view, be of little precedential value to this or any other court. I consider that we remand on the special factual allegations of this case only because we are unable to say with confidence on which side of the lint *644of Machibroda this “marginal” case should be placed. We apply a very fine gauge to distinguish it from our decision in Olive v. United States, 327 F.2d 646 (CA 6, 1964).