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TATUM v. UNITED STATES

No. 16773.

310 F.2d 854 (1962)

Earl J. TATUM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

November 1, 1962.

Attorney(s) appearing for the Case

Mr. Vernon L. Wilkinson, Washington, D. C. (appointed by this court), for appellant.

Mr. Paul A. Renne, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Victor W. Caputy, Asst. U. S. Atty., and Nathan J. Paulson, Asst. U. S. Atty., at the time of argument, wereon the brief, for appellee.

Before WILBUR K. MILLER, FAHY, and BURGER, Circuit Judges.

PER CURIAM.

On July 28, 1961, in sentencing appellant under D.C.Code Ann. § 24-203: (1961), pursuant to a motion to correct an alleged invalid sentence, the District Court vacated an earlier sentence, entered June 2, 1961, of three to nine years under the Federal Youth Corrections Act, 18 U.S.C. § 5010(c) (1958), for robbery. No appeal had been taken from the June judgment and sentence. The present appeal was allowed...

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