MANNING v. UNITED STATES

No. 9556.

389 F.2d 755 (1968)

Robert John MANNING, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

February 20, 1968.


Attorney(s) appearing for the Case

Daniel B. Sparr, Denver, Colo., for appellant.

Scott McCarty, Albuquerque, N. M. (John Quinn, U. S. Atty., and Michael P. Watkins, Asst. U. S. Atty., Albuquerque, N. M., with him on brief), for appellee.

Before BREITENSTEIN, SETH and HICKEY, Circuit Judges.


HICKEY, Circuit Judge.

Appellant Manning, pursuant to 28 U. S.C. § 2255, moved to correct a sentence pronounced by the trial court. A petition was granted permitting an in forma pauperis proceeding and the trial court appointed counsel to assist the petitioner. The motion was dismissed by an order of the trial court and this appeal followed.

The question presented for review is whether or not Manning's maximum sentence should be reduced by the number...

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