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McCAFFREY v. UNITED STATES

No. 20639.

325 F.2d 767 (1964)

Robert Emmett McCAFFREY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 2, 1964.

Attorney(s) appearing for the Case

Robert E. McCaffrey, Atlanta, Ga., for appellant.

Edward A. Kaufman, Asst. U. S. Atty., Miami, Fla., for appellee.

Before CAMERON, WISDOM and GEWIN, Circuit Judges.

PER CURIAM.

This is a § 2255 proceeding which questions the validity of the action of the lower court in reducing a sentence from a statutory maximum of ten years to three years. The second sentencing of the appellant is questioned because the action taken was imposed in appellant's absence.

The court below made a full and intelligent use of the scheme of the sentencing of a person charged with a crime of which...

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