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RUSSELL v. UNITED STATES

No. 19817.

324 F.2d 732 (1963)

Joseph John RUSSELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 12, 1963.

Attorney(s) appearing for the Case

Joseph John Russell, pro se.

Louis R. Lucas, Asst. U. S. Atty., New Orleans, La., Louis C. La Cour, U. S. Atty., for appellee.

Before HUTCHESON and GEWIN, Circuit Judges, and HOOPER, District Judge.

PER CURIAM.

Appellant appearing pro se by brief contends that the trial court on June 27, 1962 having vacated (pursuant to a mandate from this court) a certain sentence imposed by him on July 6, 1960 "then imposed a new and augmented sentence of five years thereon." We cannot agree that the trial judge almost two years after the imposition of the original sentence, vacated the same and imposed "a new and augmented sentence" thereon, as will appear from the...

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