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McGANN v. UNITED STATES

No. 7750.

261 F.2d 956 (1958)

Clarence Duke McGANN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 13, 1958.

Attorney(s) appearing for the Case

Walter E. Black, Jr., Baltimore, Md. (H. B. Mutter, Baltimore, Md., on brief) (Court appointed counsel), for appellant.

John R. Hargrove, Asst. U. S. Atty., Baltimore, Md. (Leon H. A. Pierson, U. S. Atty., Baltimore, Md., on brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

SOBELOFF, Chief Judge.

Clarence Duke McGann, now at Leavenworth serving a twenty-year sentence, appeals from the District Court's denial of his motion, filed under Title 28 U.S. C.A. § 2255, to vacate the conviction which he asserts has subjected him to double jeopardy.

In 1954 the United States Grand Jury for the District of Maryland returned two indictments against the appellant. The first, Criminal No. 23017, was in four counts and charged him with...

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