CAPOOTH v. UNITED STATES

Civ. A. No. 63-H-843.

238 F.Supp. 583 (1965)

Pete CAPOOTH, Jr., Petitioner, v. UNITED STATES of America, Respondent.

United States District Court S. D. Texas, Houston Division.

February 18, 1965.


Attorney(s) appearing for the Case

Harvin C. Moore, Jr., Houston, Tex., for plaintiff.

Woodrow Seals, U. S. Atty., William M. Schultz and James R. Gough, Asst. U. S. Attys., Houston, Tex., for defendant.


BREWSTER, District Judge.

The petitioner brought this action under 28 U.S.C.A. § 2255 seeking to set aside his conviction on his plea of guilty to a one count indictment charging him with unlawful possession of a sawed-off shotgun with a barrel 7¼ inches long which had not been registered with the Secretary of the Treasury or his delegate, in violation of Sections 5851 and 5861, Title 26 U.S.C.A.

The petitioner insists that his sentence is invalid...

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