DE LA LAMA v. UNITED STATES

No. 12551.

170 F.2d 858 (1948)

DE LA LAMA v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

November 30, 1948.


Attorney(s) appearing for the Case

Manuel F. De La Lama, pro se.

Cavett S. Binion, Asst. U. S. Atty., of Ft. Worth, Tex., for appellee.

Before HUTCHESON, SIBLEY, and McCORD, Circuit Judges.


PER CURIAM.

Appellant, claiming that the sentence of three years theretofore imposed upon him on Dec. 10, 1947, for an escape was illegal and void because made to run concurrently with the sentence he was serving when he escaped, moved in the sentencing court for a vacation of the judgment and sentence and a discharge therefrom.

The district judge agreed with petitioner's contention that the judgment and sentence was illegal and void, but disagreed with his...

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