STEPHEN v. UNITED STATES

No. 28869 Summary Calendar.

426 F.2d 257 (1970)

Michael E. STEPHEN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 11, 1970.


Attorney(s) appearing for the Case

Michael E. Stephen, pro se.

Roby Hadden, U. S. Atty., Tyler, Tex., for appellee.

Before WISDOM, THORNBERRY and CLARK, Circuit Judges.


PER CURIAM:

This appeal is taken from an order of the district court denying without a hearing the motion of Stephen to vacate sentence pursuant to 28 U.S.C. § 2255.1 We vacate and remand.

Petitioner, having waived counsel, was convicted on his plea of guilty of violating 18 U.S.C. § 2113(a) and (b), the federal bank robbery statute. He was sentenced on October 20, 1967, to 15 years imprisonment on (a) and a consecutive...

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