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DOWNEY v. UNITED STATES

Civ. A. No. 568.

218 F.Supp. 593 (1963)

John H. DOWNEY, Jr., Petitioner, v. UNITED STATES of America, Defendant.

United States District Court W. D. Virginia, at Lynchburg.

July 22, 1963.

Attorney(s) appearing for the Case

Joseph L. Lyle, Jr., Lynchburg, Va., court appointed counsel for petitioner.

James C. Roberson, Asst. U. S. Atty., for the United States.

MICHIE, District Judge.

John H. Downey Jr., who is held in custody in the United States Penitentiary at Lewisburg, Pennsylvania, pursuant to a conviction of violation of 18 U.S.C.A. § 2312 (interstate transportation of a stolen motor vehicle) and consequent sentence, filed a petition for release under 28 U.S.C.A. § 2255 providing for relief from certain illegal sentences. The petition alleged that the sentence imposed upon the prisoner was illegal because...

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