WILBURN v. UNITED STATES

No. 20685.

326 F.2d 903 (1964)

S. J. WILBURN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 21, 1964.


Attorney(s) appearing for the Case

S. J. Wilburn, Seagoville, Tex., for appellant.

Carl Walker, Jr., James R. Gough, Asst. U. S. Attys., Woodrow Seals, U. S. Atty., Houston, Tex., for appellee.

Before HUTCHESON, BROWN and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

Appellant Wilburn seeks relief under 28 U.S.C. § 2255 on the ground that he was convicted of, and sentenced on, two separate offenses whereas the record shows that he committed but one.

Wilburn was charged in a four-count indictment with unlawfully possessing stolen letters, knowing the same to have been stolen, in violation of 18 U.S.C. § 1708. Each count referred to a separate letter. He was found guilty on counts 2...

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