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SMITH v. UNITED STATES

No. 17921.

273 F.2d 337 (1960)

Delage Larry SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 7, 1960.

Attorney(s) appearing for the Case

Delage Larry Smith, in pro. per.

Thomas R. Ethridge, U. S. Atty., Lowell E. Grisham, Asst. U. S. Atty., Oxford, Miss., for appellee.

Before HUTCHESON, TUTTLE and BROWN, Circuit Judges.

PER CURIAM.

This is an appeal from an order denying a § 2255 (28 U.S.C.A.) motion to vacate a 15-year sentence based on a plea of guilty of illegally entering a bank with intent to commit a felony, 18 U.S. C.A. § 2113(a). Petitioner now contends that he was guilty only of larceny, 18 U. S.C.A. § 2113(b) which carries a maximum sentence of 10 years but that he was not guilty of unlawful entry, § 2113 (a), which has a maximum sentence of 20 years...

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