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BROWN v. UNITED STATES

No. 73-1125.

480 F.2d 1036 (1973)

Allen BROWN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 29, 1973.

Attorney(s) appearing for the Case

Charles D. Flinn, Jr., Rome, Ga. (Court-Appointed), for petitioner-appellant.

John W. Stokes, Jr., U.S. Atty., E. Ray Taylor, Jr., Asst. U.S. Atty., Atlanta, Ga., for respondent-appellee.

Before GEWIN, THORNBERRY and SIMPSON, Circuit Judges.

THORNBERRY, Circuit Judge:

This second appeal from the denial of a federal prisoner's motion to vacate his sentence under 28 U.S.C. § 2255, presents the question whether appellant waived his rights to file the motion by failing to raise certain allegations on direct appeal from his conviction and by later deciding to seek a reduction of his sentence. On an earlier appeal from a summary denial of appellant's motion, a

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