THORNBURG v. UNITED STATES

No. 26562.

406 F.2d 1060 (1969)

Cecil J. THORNBURG, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals Fifth Circuit.

February 4, 1969.


Attorney(s) appearing for the Case

Cecil J. Thornburg, pro se.

Macon L. Weaver, U. S. Atty., R. Macey Taylor, Asst. U. S. Atty., Birmingham, Ala., for appellee.

Before JOHN R. BROWN, Chief Judge, and THORNBERRY and MORGAN, Circuit Judges.


PER CURIAM:

In this appeal from the judgment of the district court denying appellant's motion to vacate sentence as per Title 28 U.S.C. § 2255, by letter to the Clerk he has requested that the appeal be dismissed without prejudice. This we decline to do as the case obviously has no merit and should be disposed of without further briefs or argument.

Appellant was convicted of possession of an unregistered distillery [26 U.S.C. § 5179], operating a...

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