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DAVIS v. UNITED STATES

No. 15880.

230 F.2d 869 (1956)

Danny Allen DAVIS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 16, 1956.

Attorney(s) appearing for the Case

Danny Allen Davis, in pro. per.

William O. Braecklein, Asst. U. S. Atty., Dallas, Tex., Heard L. Floore, U. S. Atty., Fort Worth, Tex., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and BROWN, Circuit Judges.

PER CURIAM.

Under 28 U.S.C.A. § 2255 appellant questioned the validity of his conviction for possessing a narcotic drug in violation of 26 U.S.C.A. § 2553(a) and five year sentence as a second offender under 26 U.S.C.A. § 2557(b) (1). Upon arraignment, appellant refused the appointment of counsel and pleaded guilty. The following then occurred

"The Court: We will impose a sentence of two years, United States Prison, by the Attorney General...

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