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FITZGERALD v. UNITED STATES

No. 19097.

296 F.2d 37 (1961)

Joseph Seely FITZGERALD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 9, 1961.

Attorney(s) appearing for the Case

Joseph Selly Fitzgerald, pro se.

R. W. Ervin, III, Asst. U. S. Atty., Tallahassee, Fla., for appellee.

Before BROWN, GEWIN, and BELL, Circuit Judges.

BELL, Circuit Judge.

Appellant was sentenced in October of 1953 in the United States District Court for the Western District of North Carolina for violations of the National Motor Vehicle Theft Act, 18 U.S.C.A. § 2311 et seq., receiving sentences of five years and two years to run consecutively. In August, 1958 he was conditionally released and while free was arrested for transporting a forged check interstate. He entered a plea of guilty to this violation and...

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