DAUGHTRY v. UNITED STATES

Civ. No. 1601.

242 F.Supp. 771 (1964)

Peyton M. DAUGHTRY, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court E. D. North Carolina, Raleigh Division.

December 2, 1964.


Attorney(s) appearing for the Case

Peyton M. Daughtry, pro se.

Robert H. Cowen, U. S. Atty., by Gerald L. Bass, Asst. U. S. Atty., for respondent.


LARKINS, District Judge:

SUMMARY

This cause comes before the Court upon a motion to vacate and set aside judgment pursuant to Title 28 U.S. C.A. § 2255, the same being filed in forma pauperis. The Petitioner filed his original motion on July 17, 1964, and entitled it, "Motion for Reduction of Sentence". Rule 35, Federal Rules of Criminal Procedure, prevented the Court from treating the motion in that form, the sixty day limitation for the trial court...

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